TRANSLATION 


THE   MORTGAGE   LAW 


CUBA,  PUERTO   RICO,  AND 
THE  PHILIPPINES. 


(1893.) 


WAR    DEPAR'i'MKI 
1899. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
181)9. 


S|=g>n.   L*w>/s,  statute*,  v 

TRANSLATION 


OF 


THE   MOETGAGE   LAW 


FOE 


CUBA  PUERTO   RICO,  AND 
THE  PHILIPPINES. 


(1893.) 


WAR    DEPARTMENT, 
189!>.- 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
18  9  9. 


<1 


5* 


h^Ql 


MORTGAGE    LAW 

FOB 

CUBA,  PUERTO  EICO  AND  THE  PHILIPPINES. 


TO   THE   CORTES 

The  mortgage  law,  which  has  been  in  force  in  the  Peninsula  for  the 
past  thirty  years,  was  applied  to  the  Antilles,  with  such  changes  as 
were  indispensable  for  its  adaptation  to  those  islands,  on  May  1,  1880, 
and  to  the  Philippines  on  December  1, 1889,  reforming  the  laws  regard- 
ing real  property  in  those  countries,  aud  consequently  giving  a  new 
impetus  to  land  securities.  Although  this  work  is  not  without  its 
imperfections,  being  human,  the  mortgage  law  must  be  looked  upon  as 
one  of  our  most  important  legal  works,  and  all  that  is  fundamental 
therein,  and  even  that  which  appears  of  less  value,  should  be  religiously 
respected  as  long  as  the  results  of  experience  and  the  necessity  of  rec- 
onciling it  with  the  other  legal  measures  in  force  permit  its  observance. 
This  has  been  the  rule  adhered  to  by  the  Government  in  the  prepara- 
tion of  the  revision  herewith  submitted  to  the  Cortes. 

The  Civil  Code  for  the  Colonies  as  well  as  for  the  Peninsula,  among 
other  special  laws,  left  the  mortgage  law  expressly  in  force,  without 
eliminating  from  it,  or  diverting  from  itself  entirely,  provisions  which 
by  their  nature  would  have  corresponded  to  the  Code  had  both  origi- 
nated at  the  same  period.  It  was  an  inevitable  necessity,  therefore,  to 
overcome  the  differences,  and  in  the  revision  which  took  place  with  this 
object  in  view,  it  was  concluded  that  the  Code  should  prevail  whenever 
a  question  arose,  and  not  only  support  the  structure  of  the  mortgage 
law,  but  that  said  law  should  be  the  only  one  for  all  ultramarine 
provinces;  and,  further,  that  it  should  coincide,  as  far  as  possible,  with 
the  text  of  the  Peninsular  law,  thus  avoiding  the  confusion  and  prac- 
tical difficulties  which  were  noted  in  the  quotations  and  references  by 
reason  of  four  different  sets  of  numbers  for  the  articles. 

The  necessity  of  harmonizing  these  differences  between  the  law  men* 
tioned  and  the  code  is  not  the  only  motive  which  animates  the  govern- 
ment in  presenting  this  plan.  Experience  and  the  especial  conditions 
of  real  property  in  some  of  the  ultramarine  provinces  also  urgently 
suggest,  and  even  demand,  important  amendments,  which  naturally, 
however,  should  retain  the  cardinal  principles  of  the  system. 

3 

35)1505 


The  lfHv  ai\i:.c:  bceu  enacted  so  that  all  real  property  should  be 
recorded  in  authentic  official  books,  it  was  at  once  observed  that  a 
considerable  portion  was  not  subjected  to  this  beneficent  rule,  by 
which  it  could  be  freed  from  usury  and  its  possession  guaranteed.  The 
taxes,  the  schedule  of  notarial  and  register's  fees,  and  the  complica- 
tions as  well  as  the  requirements  of  form,  made  this  object  of  the  legis- 
lator unattainable.  It  was  necessary  to  remove  these  obstacles,  so  that 
small  properties  could  enjoy  the  advantages  of  credit.  Furthermore, 
the  omission  of  the  record  of  deeds  keeps  from  the  registry  a  consider- 
able portion  of  land,  and  as  this  evil  can  only  be  remedied  by  notices 
of  possession,  it  is  advisable  to  still  further  facilitate  them,  notwith- 
standing the  undesirable  features  thereof,  by  permitting  their  conver- 
sion into  absolute  titles  twenty  years  after  their  date.  These  two 
reforms  have  already  been  fully  discussed  by  the  Senate,  and  were 
approved  in  1890,  in  order  to  incorporate  them  in  the  Peninsular  law. 

At  that  time  another  reform  was  also  considered  which  had  been 
urgentlydemauded.  The  old  books  of  property,  which  were  to  be  replaced 
by  those  created  by  the  mortgage  law,  contained  a  multitude  of  liens 
and  claims  which  had  absolutely  expired,  but  had  not  been  canceled  in 
a  definite  manner,  thus  depreciating  the  value  of  property  without 
reason. 

It  was  an  urgent  requisite  of  credit  to  declare  those  books  without 
force  as  to  third  persons  after  a  certain  period,  and  it  was  therefore 
proposed  that  all  persons  who  had  any  interest  recorded  in  the  same 
should  transfer  them  to  the  new  books  if  they  desired  the  State  to 
force  third  persons  to  respect  them.  By  reenforcing  this  provision  in 
giving  greater  scope  to  proceedings  for  clearing  the  title,  the  certificate 
of  a  register  will  indicate  the  legal  status  of  the  realty,  thus  giving 
contracts  the  security  which  they  should  enjoy. 

But  where  the  voice  of  experience  has  been  heard  with  the  greatest 
clamor  against  the  law,  demanding  immediate  relief,  is  where  it  refers 
to  the  procedure  for  making  mortgage  debts  effective.  Its  crushing 
confusion,  the  uncertainty  of  results,  and  its  incalculable  cost  restrain 
capital  or  suggest  usurious  conditions;  sales  and  resales  take  the  place 
of  loans,  with  the  object  of  avoiding  all  proceedings  to  the  prejudice  of 
the  landowner;  interest  is  stipulated  which  triplicates  the  capital 
loaned,  and  perhaps  by  the  employment  of  other  means  the  debtor  is 
exposed  to  penal  responsibility,  converting  the  sanctity  of  laws  enacted 
for  the  punishment  of  crimes  into  a  vile  instrument  of  avarice  against 
the  unfortunate.  Distrust  causes  these  means  to  be  employed  because 
the  legal  procedure  does  not  satisfy  the  reasonable  requisites  of  con- 
tracts, and  to  uproot  these  evils,  to  furnish  laud  with  the  capital  it 
needs,  and  to  give  the  lender  assurances  of  speedy  and  easy  recovery 
of  his  loans,  is  the  object  of  the  most  important  reform  proposed  by 
the  Government,  suppressing  proceedings  which,  without  positively 
guaranteeing  one's  rights,  destroy  those  most  sacred.   Previous  appraise- 


nient,  uniformity  of  judicial  action  in  all  necessary  investigations,  sup- 
pression of  all  litigation,  only  one  summons  and  the  immediate  sale  by 
auction,  are  the  basis  of  the  new  law.  We  have  abolished  suits,  exemp- 
tions, letters  requisitorial  (exhortos),  writs  of  attachment  on  the  mort- 
gaged property,  proceedings  in  the  nature  of  a  demurrer,  simultaneous 
auctions,  and  a  great  many  other  barriers  in  the  path  of  the  credit  of 
realty,  which  had  been  placed  with  the  best  of  intentions,  but  from 
which  those  in  good  faith  were  the  only  victims. 

The  special  conditions  existing  in  the  ultramarine  provinces  have 
suggested  other  amendments,  especially  for  the  Island  of  Cuba.  The 
reforms  mentioned,  equally  useful  for  Puerto  Pico  and  the  Philippines, 
have  been  proposed  in  accordance  with  the  crisis  which  is  complained 
of  with  regard  to  the  development  of  their  credit  on  real  property,  but 
all  of  them  would  be  worthless  without  the  enactment  of  a  measure 
which  has  been  unanimously  and  most  justly  demanded,  and  which 
will  in  itself  promote  credit  and  prevent  the  repetition  of  the  statement 
that  in  Cuba  there  as  yet  exist  no  mortgage  regulations.  This  measure 
consists  in  abolishing  the  time,  which  has  been  indefinitely  extended 
by  royal  decree  of  May  6,  1882,  during  which  mortgages  as  well  as 
other  implied  liens  remain  in  force;  these  secret  incumbrances,  which 
do  not  appear  in  the  registry,  rendering  all  contracts  involving  realty 
hazardous,  although  they  appear  completely  unencumbered  according 
to  the  record.  The  time  which  was  just  and  reasonable  during  a  period 
of  transition,  and  which  was  allowed  in  the  Peninsula,  Puerto  Eico,  and 
the  Philippines,  has  already  lapsed,  while  it  is  still  running  in  Cuba, 
and  has  been  for  the  past  thirteen  years,  placing  all  parties  to  con- 
tracts in  a  state  of  uncertainty  and  causing  them  to  be  suspicious. 
The  new  law  will  fix  a  time  for  its  termination,  which  will  not  be 
extended. 

Credit  of  land  requires  more.  On  account  of  the  provisions  of  arti- 
cles 73  to  78  of  the  Cuban  mortgage  law  loans  are  now  reduced  to  50 
per  cent  of  the  value  of  estates,  said  articles  reserving  the  other 
half  for  the  security  of  subsequent  lenders,  who  may  wish  to  aid  the 
cultivation  and  production  of  the  soil.  These  articles  place  such  obsta- 
cles and  difficulties  in  the  way  of  such  loans,  incorrectly  called  "  agri- 
cultural loans"  (refaccionarios),  that,  according  to  all  information,  the 
privilege  is  not  made  use  of  in  practice,  and  in  point  of  fact  this  com- 
pensation for  the  evil  suffered  by  mortgage  contract  is  lacking.  To 
reestablish  credit  of  lands  to  its  fullest  extent  by  the  abolition  of  these 
articles  is  to  comply  with  a  legitimate  demand  of  Cuban  land  owners 
whom  it  is  intended  to  protect. 

The  law  fills  another  requisite.  To  facilitate  the  acquisition  on  time 
payments  of  machines  and  other  agricultural  implements  it  is  neces- 
sary that  the  simple  attachment  to  the  soil  of  an  article  sold,  when  the 
vendor  has  not  yet  been  fully  paid,  should  not  turn  it  over  to  the  mercy 
of  prior  mortgage  creditors,  inasmuch  as  subsequent  acquisitions  of 


the  debtor  are  not  security  for  the  fulfillment  of  their  contracts.  The 
provisions  of  paragraph  2  of  article  112  of  the  new  law  correct  this 
fault,  which  was  a  great  impediment  in  the  way  of  a  perfect  and  strong 
reestablishment  of  Cuban  industries. 

Two  other  reforms  which  are  demanded  by  that  island  have  no  appro- 
priate place  in  the  mortgage  law,  and  will,  therefore,  have  to  be  other- 
wise disposed  of,  viz,  loans  which  are  secured  only  by  the  products  and 
the  survey  of  estates  owned  by  tenants  in  common.  This  law,  embrac- 
ing real  property  only,  can  not  be  applied  to  products  when  considered 
apart  from  the  soil  itself;  agricultural  credit  can  not  be  considered  as 
embraced  by  a  credit  of  the  land.  The  survey  of  estates  of  tenants  in 
common  is  in  that  island  a  question  of  as  great  difficulty  in  its  social 
aspect  as  the  question  of  emphyteusis  in  Galicia,  and  pertains  to  the 
Civil  Code  and  the  Code  of  Procedure,  and  not  to  a  law  which  presup- 
poses and  requires  that  the  property  already  is  surveyed  to  give  pub- 
licity and  permanent  stability  to  its  legal  situation. 

An  attempt  was  made  some  time  ago  to  apply  the  registry  system 
known  by  the  name  of  "Acta  Torrens"  to  the  Philippines,  but  the  con- 
fusion which  would  attend  a  radical  change  of  system  within  four 
years  of  the  establishment  of  the  present  one,  and  when  the  last  quar- 
terly statistics  show  that  it  is  becoming  customary  and  generalized, 
and  together  with  an  examination  of  the  former  system  with  regard 
to  the  condition  of  property  in  the  Philippines,  the  Government  has 
desisted  from  that  intention,  which,  furthermore,  could  not  be  effected 
without  making  considerable  changes  in  civil  law  and  without  involv- 
ing the  public  treasury  in  hazardous  and  indefinite  responsibilities. 
Our  mortgage  law,  which  already  had  a  large  number  of  precedents  in 
the  Archipelago,  can  be  reformed  by  slight  amendments,  which,  together 
with  the  reforms  of  the  provisions  regarding  the  readjustment  of  royal 
patrimonies,  will  pave  the  way  for  the  advent  of  the  institutions  of 
credit  for  lands,  which  is  based  on  a  sound  mortgage  law,  and  legally 
recorded  deeds,  which  define  and  secure  all  interests  in  the  land. 

It  would  be  superfluous  to  repeat  here  the  benefits  which  may  be 
expected  in  Puerto  Rico  through  these  reforms.  The  institution  of  the 
registry  is  running  smoothly  there,  without  causing  complaints,  and 
now,  in  giving  greater  power  and  clearness  to  the  same  system,  it  is 
logical  to  expect  that  its  salutary  effects  will  increase. 

To  undertake  the  reforms  mentioned,  the  Government  depended  on 
various  legal  authorizations,  but  the  vote  of  the  Cortes  is  necessary  to 
put  an  end  to  implied  mortgages,  according  to  the  text  of  article  3  of 
the  royal  decree  of  May  6, 1882.  It  appears  desirable,  therefore,  to  go 
beyond  the  limit  which  those  authorizations  seemed  to  fix;  and,  even  if 
such  reasons  did  not  exist,  the  gravity  of  the  question  and  the  special 
respect  which  provisions  regulated  by  private  civil  legislation  deserve 
would  have  induced  the  Government  to  submit  the  reform  to  the 
Cortes,  notwithstanding  its  urgent  need  for  the  island  of  Cuba.     The 


plan  which  is  herewith  presented  has  been  compiled,  with  the  full 
approval  of  the  Committee  on  Codes  for  the  Colonies,  in  its  essential 
points  as  well  as  in  the  method  adopted  to  facilitate  parliamentary 
deliberations,  and  to  reconcile  formalities  of  law  with  the  necessity  so 
urgently  impressed  by  Cuba.  If  the  Cortes  will  condescend  to  pass 
this  new  law,  containing  all  that  has  been  approved  by  the  Senate, 
for  the  Peninsula,  as  well  as  the  changes  derived  from  the  Civil  Code, 
and  if  His  Majesty  will  sanction  the  same,  the  Colonies  will  enjoy  in 
advance  remedies  which  are  for  the  most  part  desired  by  the  whole 
national  territory. 

In  accordance  with  these  remarks,  with  the  authority  of  His  Majesty 
and  with  the  approval  of  the  Council  of  Ministers,  the  undersigned  has 
the  honor  to  submit  for  the  approval  of  the  Cortes  the  following 

PROPOSED   LAW. 

Article  first  and  last.  The  Government  is  hereby  authorized  to  put 
into  effect  the  law  submitted  by  the  Colonial  Minister,  with  the  approval 
of  the  Committee  on  Codes,  amending  the  mortgage  law  for  Cuba, 
Puerto  Rico,  and  the  Philippines. 

Madrid,  May  26,  1893. 

The  Colonial  Minister, 

Antonio  Maura  y  Montaner. 


MORTGAGE  LAW  FOR  THE  COLONIES. 


Title  I. 

INSTRUMENTS    REQUIRING  RECORD. 

Article  1.  Registries  of  real  estate  shall  be  located  in  all  towns 
where  they  have  been  established  by  law.  Registries  can  not  be 
abolished  nor  created,  nor  can  the  present  territorial  limits  of  any  one 
of  them  be  changed,  without  provision  of  law. 

In  every  Registry  shall  be  recorded  the  instruments  relative  to  the 
estates  situated  within  their  territorial  limits.  If  an  estate  is  situated 
within  the  limits  of  two  or  more  Registries,  it  shall  be  recorded  in  all  of 
them. 

Art.  2.  In  the  Registries  mentioned  in  the  preceding  article  shall  be 
recorded : 

1.  Instruments  transferring  or  declaring  ownership  of  realty,  or  of 
property  rights  thereto. 

2.  Instruments  by  which  rights  of  use,  use  and  occupancy,  emphy- 
teusis, mortgage,  annuity  (censo),  servitudes,  and  any  others  by  which 
estates  are  created,  acknowledged,  modified,  or  extinguished. 

3.  Instruments  or  contracts  by  virtue  of  which  real  property  or  prop- 
erty rights  are  conveyed  to  a  person,  although  it  is  with  the  obligation 
of  trausferring  them  to  others  or  of  investing  their  value  for  specified 
purposes. 

4.  Writs  declaring  the  legal  incapacity  for  administration,  or  the 
presumption  of  death  of  absentees,  or  injunction,  or  in  anyway  alter- 
ing the  civil  capacity  of  persons  with  regard  to  the  free  disposition  of 
their  property. 

5.  Contracts  for  the  lease  of  real  property  for  a  period  exceeding 
six  years,  or  such  contracts  on  which  rent  has  been  paid  in  advance  for 
three  or  more  years,  or,  if  having  neither  of  these  conditions,  they 
contain  a  special  covenant  by  which  record  thereof  is  required. 

G.  Title  deeds  of  real  property  or  property  rights  owned  or  admin- 
istered by  the  State,  or  by  civil  or  ecclesiastical  corporations,  subject  to 
the  provisions  of  laws  or  regulations. 

Art.  3.  To  permit  the  record  of  the  title  deeds  mentioned  in  the  pre- 
ceding article,  they  must  be  in  the  shape  of  a  public  document,  writ,  or 
certified  document,  issued  by  a  judicial  authority  or  by  the  Govern- 
ment or  its  agents,  in  the  form  prescribed  by  the  regulations. 

9 


10 

Notwithstanding  the  provisions  of  the  preceding  paragraph,  those 
who  have  the  ownership  or  possession  of  property  rights  recorded  in 
their  favor,  the  individual  value  of  which  does  not  exceed  300  pesos, 
may  alienate  or  mortgage  them  by  appearing  before  the  proper  notary 
with  the  grantee  or  mortgagee  and  two  witnesses.  The  original  draft 
of  the  contract  shall  necessarily  contain  a  description  of  the  realty  and 
the  enumeration  of  liens  or  incumbrances,  if  there  be  any,  the  names 
and  surnames,  the  status  (whether  married  or  single),  profession,  and 
residence  of  the  grantor  and  of  the  grantee,  as  well  as  the  consideration 
involved. 

The  original  contract,  which  should  be  executed  on  official  paper,  must 
be  recorded  in  the  Registry  of  the  notary  certifying  to  it.  The  copy, 
executed  on  paper  of  the  lowest  class  (or,  if  it  has  been  made  on  com- 
mon paper,  a  stamp  of  the  same  class  will  have  to  be  affixed  thereto), 
shall  be  presented  to  the  Registry  of  property  for  record,  as  it  must 
serve  as  the  title  of  the  grantee. 

Partitions  of  inheritances,  which  do  not  exceed  2,500  pesos  in  value, 
may  be  effected  by  all  the  participants  or  their  representatives  appear- 
ing before  a  notary,  who  shall  execute  an  instrument  containing  de- 
scriptions of  the  estates,  their  award  to  each  interested  person,  the 
covenants  and  limitations  with  which  they  are  made,  and  other  neces- 
sary requisites  regarding  the  personality  of  the  interested  persons,  so 
that  said  instrument  may  be  recorded.  The  said  document  shall  have 
to  be  signed  by  all  the  interested  parties,  or  by  two  witnesses  procured 
for  this  purpose.  If  anyone  of  the  interested  parties  should  not  know 
how  or  should  not  be  able  to  sign,  it  shall  be  done  in  his  name  by  either 
of  the  witnesses,  the  notary  stating  this  circumstance  in  the  instru- 
ment. Should  the  notary  not  be  acquainted  with  the  interested  parties, 
he  shall  demand  that  two  witnesses  known  to  him  shall  identify  them, 
who  may  be  the  same  who  take  part  in  the  execution  of  the  instrument. 

The  duplicate  of  this  instrument,  a  copy  of  which  shall  be  given  to 
each  one  of  the  interested  parties,  shall  be  their  title  for  record,  the 
original  being  filed  in  the  notary's  register. 

When,  according  to  law,  an  approval  of  the  partition  or  awards  is 
necessary,  it  shall  be  the  duty  of  the  notary,  under  his  own  responsi- 
bility, to  send  the  original  instrument  to  the  Court  of  First  Instance  of 
the  subdistrict,  so  that  this  requisite  may  be  filled  without  any  further 
delay  than  its  posting  in  the  office  of  the  secretary  of  the  court  for  the 
period  of  eight  days.  It  shall  then  be  returned,  also  officially  and  with- 
out charging  any  fees,  to  the  notary  who  sent  it,  with  a  decree  approv- 
ing the  partition. 

Any  objection  made  by  one  of  the  interested  parties  shall  be  heard 
before  the  same  court  in  conformity  with  the  regulations  established 
for  oral  trials  by  the  Law  of  Civil  Procedure. 

When,  for  the  execution  of  the  instrument  referred  to  in  the  preced- 
ing paragraphs,  a  previous  declaration  of  heirs  is  necessary,  the  notary 


11 

shall  demand  of  the  interested  parties  the  documents  necessary  to  make 
said  declaration,  and  the  presence  of  the  witnesses  who  shall  testify  as 
to  the  nonexistence  of  a  will.  It  shall  be  his  duty  to  send  the  record 
formed  in  this  manner  to  the  Court  of  First  Instance,  which,  with  the 
consent  of  the  Department  of  Public  Prosecution,  shall  thereupon  issue 
the  corresponding  decree  of  heirship  after  such  announcements  or  edicts 
as  may  be  necessary,  returning  the  original  to  the  notary  from  whom 
it  was  received,  who  shall  file  it  in  his  proper  register,  as  has  been  before 
stated. 

The  fee  for  the  above-mentioned  procedure  shall  be  7.50  pesos;  for  the 
execution  of  the  instrument  of  partition,  if  the  total  value  of  the  estate 
does  not  exceed  1,000  pesos,  the  fee  shall  be  5  pesos;  if  the  value  exceeds 
1,000  but  is  not  more  than  1,500,  7.50  pesos;  from  1,500  to  2,000,  10 
pesos;  for  the  copies  issued  to  each  interested  party  25  cents  a  folio 
shall  be  charged. 

The  paper  to  be  used  for  the  originals  as  well  as  the  copies  of  the 
record  above  mentioned  shall  be  stamped  paper  of  the  lowest  class. 

Art.  4.  For  the  effects  of  this  law,  transferable  public  offices  (oficios 
publicos)  conferred  by  the  Crown,  securities  of  public  debt,  or  shares 
of  banks  or  mercantile  companies,  even  if  they  are  negotiable,  and 
those  of  ordinary  partnerships,  whatever  be  their  kind,  shall  not  be 
considered  as  real  property. 

Art.  5.  The  documents  or  deeds  mentioned  in  article  2,  which  have 
been  executed  in  foreign  countries,  and  which  are  effectual  in  Spain  in 
accordance  with  the  laws,  and  such  decrees  as  are  mentioned  in  Xo.  4 
of  the  same  article,  issued  by  foreign  courts,  which  must  be  complied 
with  in  the  Kingdom  in  accordance  with  the  Law  of  Civil  Procedure, 
shall  also  be  recorded  in  the  Registry. 

Title  II. 

RECORD,  ITS  METHOD  AND  ITS  EFFECTS. 

Art.  6.  The  record  of  instruments  in  the  Registry  may  be  demanded 
indiscriminately: 

By  the  person  conveying  the  interest; 

By  the  person  acquiring  the  same; 

By  any  person  interested  in  securing  the  interest  which  is  to  be 
recorded ; 

By  the  person  who  is  legally  authorized  to  represent  any  of  the  above. 

Art.  7.  When  in  any  instrument  or  contract  any  property  interest 
in  real  estate  is  reserved  to  persons  who  were  not  parties  to  the  same, 
the  notary  who#  executes  the  deed,  or,  in  the  absence  of  a  notary,  the 
official  who  may  issue  it,  shall  require  the  record  of  the  said  property 
right  whenever  the  interests  of  said  persons  appear  from  the  instrument 
itself,  or  from  the  documents  and  proceedings  upon  which  its  execu- 
tion was  based. 


12 

If  the  instrument  or  contract  is  subject  to  record,  and  this  has  been 
requested,  particular  mention  must  be  made  therein  of  the  property 
right  reserved,  and  of  the  persons  in  whose  favor  the  reservation  has 
been  made. 

Art.  8.  Each  estate  which  is  recorded  for  the  first  time  in  the  Regis- 
tries  shall  be  marked  with  a  distinct  and  correlative  number. 

The  records  corresponding-  to  each  estate  shall  be  marked  by  another 
correlative  and  special  numeration. 

Art.  9.  Every  record  made  in  the  Registry  shall  contain  the  following 
details : 

1.  The  nature,  location,  and  bounds  of  the  realty  which  is  the  subject 
of  record,  or  which  is  affected  by  the  interest  which  is  to  be  recorded, 
its  superficial  area  measured  according  to  the  standard  used  in  the 
country,  and  its  equivalent  in  the  metrical  system,  and  its  name  and 
number,  if  they  appear  in  the  deed. 

2.  The  nature,  extension,  conditions,  and  liens  of  any  kind,  of  the 
interest  recorded  and  its  value,  if  it  appear  in  the  deed. 

3.  The  nature,  extension,  conditions,  and  liens  of  the  interest  on 
which  is  created  that  which  is  the  subject  of  record. 

4.  The  nature  of  the  instrument  which  is  to  be  recorded  audits  date. 

5.  The  name  and  surname  of  the  person,  if  it  is  an  individual,  or,  if 
not,  the  name  of  the  corporation,  or  the  names  of  all  the  parties  inter- 
ested in  whose  favor  the  record  is  made. 

6.  The  name  and  surname  of  the  person,  or  the  name  of  the  corpora- 
tion, or  of  the  legal  person  who  is  the  last  owner  of  the  interests  or 
estates  which  are  to  be  recorded. 

7.  The  name  and  location  of  the  court,  notary,  or  official  who  executes 
the  instrument  which  is  to  be  recorded. 

8.  The  date  of  the  presentation  of  the  instrument  to  the  Registry, 
with  a  statement  of  the  time. 

9.  The  conformity  of  the  record  with  the  copy  of  the  instrument  from 
which  it  was  taken,  and  if  the  latter  is  one  of  those  which  are  to  be 
kept  in  the  office  of  the  Registry,  the  liber  in  which  it  is  entered  will 
also  be  indicated. 

10.  The  date  of  the  record  and  the  full  signature  of  the  Register. 
Art.  10.  In  the  record  of  contracts  involving  cash  considerations  or 

transfers  thereof  the  amount  involved  shall  be  mentioned,  as  well  as  the 
manner  in  which  the  payment  was  made  or  agreed  to. 

Art.  11.  If  the  record  be  one  transferring  ownership,  it  shall  indicate 
whether  the  price  of  this  transfer  was  paid  for  in  cash  or  in  install- 
ments; in  the  former  case,  if  the  whole  price  was  paid  or  a  part  thereof, 
and  iu  the  latter,  the  manner  and  terms  agreed  to  for  payment. 

Similar  details  shall  be  expressed  if  the  transfer  of  ownership  is  made 
in  consideration  of  an  exchange,  or  awarded  in  payment,  and  whether 
either  of  the  grantees  is  to  allow  the  other  any  difference  in  money  or 
goods. 


13 

Art.  12.  The  records  of  mortgage  debts  shall  in  every  instance  cou- 
tain  the  value  of  the  obligation  secured  and  of  the  interest,  if  any  has 
been  stipulated,  and  if  none  has  been  stipulated,  it  shall  not  be  consid- 
ered secured  by  the  mortgage  according  to  the  regulations  prescribed 
by  the  present  law. 

Art.  13.  Records  of  servitudes  shall  be  made : 

1.  On  the  page  reserved  for  record  of  servient  estates. 

2.  On  the  page  reserved  for  record  of  dominant  estates. 

Art.  14.  The  entries  of  trusts  shall  be  inade  at  once  in  the  name  of 
the  trustees. 

Art.  15.  The  recording  of  the  decrees  mentioned  in  No.  1  of  article 
2,  and  in  article  5  of  this  law,  and  of  the  record  of  cautionary  notices 
of  the  suits  mentioned  in  No.  5  of  article  42  shall  clearly  state  the  nature 
of  the  legal  incapacity  which  appears  from  said  decrees  or  suits. 

Art.  1(3.  The  compliance  or  noncompliance  with  conditions  prece- 
dent, and  the  nonfulfillment  of  conditions  subsequent,  or  conditions 
involving  recision,  contained  in  recorded  instruments  or  contracts,  shall 
be  recorded  in  the  Registry  by  means  of  a  marginal  note. 

The  payment  of  any  sum  made  by  the  grantee,  after  the  record,  on 
account  of  the  purchase  price  or  in  full  liquidation  thereof,  or  to  cover 
the  difference  between  an  exchange,  or  in  the  award  in  payment,  shall 
also  be  recorded  by  means  of  a  marginal  note,  provided  the  interested 
parties  request  it,  or  if  it  has  been  so  ordered  by  the  court  or  judge. 

The  fulfillment  of  conditions  subsequent  or  conditions  involving 
recision,  shall  appear  by  means  of  a  new  record  in  favor  of  the  person 
having  the  right  thereto. 

Art.  17.  After  any  instrument  transferring  the  ownership  or  posses- 
sion of  realty,  or  of  property  rights  thereto,  has-been  recorded  or  a  cau- 
tionary notice  thereof  made  in  the  Registry,  no  other  instrument  of  the 
name  or  of  a  previous  date  may  be  recorded  or  noted,  by  which  the  own- 
ership of  the  same  estate  or  property  right  is  transferred  or  encumbered. 

If  only  the  presentation  of  the  instrument  transferring  ownership  or 
possession  has  been  recorded,  no  other  deed  of  the  kind  previously  men- 
tioned may  be  recorded  or  noted  for  the  period  of  thirty  days  following 
the  date  of  said  record. 

Art.  18.  Registers  shall  determine,  under  their  responsibility,  the 
legality  of  the  documents  by  virtue  of  which  the  record  is  requested, 
and  the  capacity  of  the  parties  interested  by  what  appears  from  said 
documents. 

All  the  documents  issued  by  judicial  authorities  shall  also  be  deter- 
mined by  them  under  their  responsibility,  and  for  the  sole  purpose  of 
admitting,  suspending,  or  refusing  their  record  or  entry. 

There  shall  be  no  further  remedies  than  those  mentioned  in  this  law 
against  the  suspension  or  refusal  of  a  record  or  cautionary  notice, 
judges  or  courts  by  virtue  of  judicial  documents  not  being  permitted 
to  compel  the  Registers  in  any  other  manner  to  record  or  enter. 


14 

Art.  19.  Should  the  Register  perceive  any  error  with  regard  to  the 
legnl  form  of  the  instrument,  or  as  to  the  capacity  of  the  parties  thereto, 
he  shall  advise  the  persons  requesting  the  record  thereof,  so  that,  if  they 
wish  it,  they  may  withdraw  the  instrument  and  make  the  necessary 
corrections  within  the  time  of  the  effectiveness  of  the  entry  of  presen- 
tation, according  to  article  17;  and  if  they  do  not  withdraw  the  instru- 
ment and  correct  the  error  to  the  satisfaction  of  the  Register  he  shall 
return  the  document,  so  that  the  necessary  steps  may  be  taken  without 
prejudice  to  making  the  cautionary  notice  required  by  article  42,  No.  8, 
if  it  is  expressly  requested. 

In  case  the  cautionary  uotice  is  not  made,  the  entry  of  presentation 
of  the  deed  shall  continue  effectual  during  the  thirty  days  above  men- 
tioned. 

The  regulations  shall  explicitly  describe  the  manner  of  proceeding 
in  cases  in  which  the  requested  record  or  entry  is  suspended  or  refused, 
by  virtue  of  documents  issued  by  judicial  authorities. 

Art.  20.  To  record  or  enter  instruments  transferring  or  encumbering 
the  ownership  or  possession  of  real  property  or  property  rights,  the 
interest  of  the  person  conveying  it,  or  in  whose  name  the  transfer  or 
encumbrance  is  made,  must  be  previously  recorded. 

Registers  shall  refuse  to  record  said  instruments  as  long  as  this 
requisite  has  not  been  complied  with,  being  directly  responsible  for  the 
damage  they  may  cause  third  parties  by  the  violation  of  this  provision. 

However,  they  may  record  without  this  requisite  all  deeds  executed 
by  persons  who  have  acquired  an  interest  in  the  same  property  before 
the  day  on  which  the  mortgage  law  was  put  into  operation,  provided 
they  justify  their  title  with  trustworthy  documents,  and  the  same 
interest  is  not  recorded  in  favor  of  another  person ;  but  in  the  record 
requested  the  essential  circumstances  of  said  title  will  be  indicated, 
which  shall  be  taken  from  the  documents  necessary  for  this  purpose. 

Registers  shall  refuse  the  requested  record,  if  said  interest  is  recorded 
in  favor  of  a  person  other  than  the  one  executing  the  transfer  or  encum- 
brance. 

Should  the  interest  mentioned  not  be  recorded  in  favor  of  any  other 
person,  and  it  is  not  proven  that  the  grantor  acquired  it  before  the 
date  mentioned,  the  Registers  shall  enter  a  cautionary  notice  at  the 
request  of  the  interested  party,  which  shall  be  effectual  during  the 
period  stated  in  article  96  of  this  law. 

Art.  21.  Public  copies  of  instruments  or  contracts  which  require 
record  shall  at  least  contain  all  the  details  which  the  record  must  con- 
tain, or  otherwise  be  null,  relating  to  the  persons  of  the  parties  thereto, 
to  the  estates,  or  to  the  recorded  interests. 

The  owners  of  the  real  property  or  property  rights  acquired  by  any 
general  or  special  instrument  which  does  not  mention  and  describe 
them  individually,  may  obtain  their  record  by  presenting  said  instru- 
ment with  the  document,  if  there  be  one,  which  proves  that  they  are  the 
ones  to  whom  the  transfer  was  made,  justified  by  any  other  trustworthy 


15 

document  showing  that  the  property  which  it  is  desired  to  record  is 
embraced  iii  said  instrument. 

Art.  22.  The  notary  who  omits  anything  preventing  the  entry  of  the 
instrument  or  contract,  in  accordance  with  the  provisions  of  the  pre- 
ceding article,  shall,  if  it  is  possible  to  do  so,  repair  his  omission  by 
issuing  a  new  deed  at  his  own  cost,  and  in  any  case  indemnifying  the 
interested  parties  for  the  damage  caused  by  his  error. 

Aet.  23.  The  instruments  mentioned  in  articles  2  and  5  which  are 
not  duly  recorded  or  entered  in  the  Registry  can  not  prejudice  third 
persons. 

The  record  of  real  property  and  property  rights,  acquired  through  an 
inheritance  or  legacy,  shall  not  prejudice  third  persons  until  live  years 
have  elapsed  since  the  date  thereof,  excepting  in  cases  of  testate  or 
intestate  inheritances,  legacies  and  additions  thereto  (mejoras),  when 
left  to  legal  heirs. 

In  the  award  of  specific  realty  in  an  inheritance  or  general  assign- 
ment to  a  person  having  the  right  thereto,  to  a  creditor,  or  to  any  third 
person,  with  the  obligation  of  devoting  its  value  to  the  payment  of 
debts  or  charges  on  the  same  inheritance  or  general  assignment,  the 
conditions  under  which  the  property  has  been  awarded  shall  be  entered 
when  it  is  recorded  in  the  name  of  the  person  to  whom  the  property 
has  been  awarded,  and  it  shall  have  the  effects  which  this  law  estab- 
lishes in  No.  1  of  article  37. 

The  other  property  of  the  inheritance  or  general  assignment  shall  by 
this  act  be  relieved  of  all  responsibility,  although  only  to  the  prejudice 
of  third  persons,  nothwithstanding  that  the  debts  of  the  inheritance 
or  general  assignment  appear  in  their  records.  When  no  specific  prop- 
erty has  been  awarded  for  the  payment  of  debts,  all  the  property  of 
the  inheritance  or  general  assignment  shall  be  relieved  of  all  responsi- 
bility to  the  prejudice  of  third  persons,  even  when  the  registry  shows 
the  existence  of  debts. 

Art.  24.  The  instruments  recorded  shall  also  be  effectual  against 
creditors  specially  privileged  by  common  legislation. 

Art.  25.  Recorded  instruments  shall  be  effectual  against  third  per- 
sons only  from  the  day  of  record. 

Art.  26.  To  determine  which  of  two  records,  bearing  the  same  date 
and  relating  to  the  same  estate,  shall  have  preference,  the  hour  of  the 
presentation  of  the  respective  instruments  in  the  Registry  shall  be 
taken  into  consideration. 

Art.  27.  For  the  purposes  of  this  law,  those  who  have  not  partici- 
pated in  the  recorded  instrument  or  contract  shall  be  considered  as 
third  persons. 

Art.  28.  The  date  of  the  entry  of  presentation,  which  must  appear 
in  the  record  itself,  shall  be  considered  the  date  thereof  for  all  intents 
and  purposes. 

Art.  29.  The  ownership  of  any  other  property  right  which  is  expressly 
mentioned  in  the  records  or  cautionary  notices,  although  it  does  not 


16 

appear  in  the  Registry  as  a  separate  and  special  entry,  shall  be  effectual 
against  third  persons  from  the  date  of  the  entry  of  presentation  of  the 
respective  instrument. 

The  provisions  of  the  preceding  paragraph  must  not  be  understood 
as  interfering  with  the  obligation  of  specially  recording  the  rights 
referred  to,  and  with  the  responsibility  incurred  by  persons  who,  in  cer- 
tain cases,  must  demand  the  record. 

Art.  30.  The  records  of  the  instrument  mentioned  in  articles  2  and  5 
shall  be  null  if  they  do  not  contain  the  details  mentioned  in  Nos.  1,  2, 
3,  4,  5,  6,  and  8  of  article  9,  and  in  No.  1  of  article  13. 

Art.  31.  The  nullity  of  the  records  treated  of  in  the  preceding  article 
shall  not  prejudice  any  interest  previously  acquired  by  a  third  person, 
who  was  not  a  party  to  the  recorded  instrument  or  contract. 

Art.  32.  The  record  shall  be  understood  to  lack  some  of  the  details 
embraced  in  the  numbers  and  articles  mentioned  in  article  30,  not  only 
when  all  the  requisites  mentioned  in  each  one  of  said  numbers  and 
articles  is  not  embraced  therein,  but  also  when  they  have  been  expressed 
so  inaccurately  that  a  third  person  could  thereby  be  led  into  error,  as 
to  the  object  of  the  fact  itself,  and  suffer  loss  in  consequence  thereof. 

When  the  inaccuracy  is  not  material,  as  provided  by  the  preceding 
article,  or  when  the  omission  does  not  embrace  all  the  details  mentioned 
in  some  of  the  numbers  and  articles  referred  to,  the  record  shall  be 
declared  null  only  when  it  causes  some  error  or  loss. 

Art.  33.  The  record  of  instruments  or  contracts  which  are  null  in 
accordance  with  the  law  are  not  validated  thereby. 

Art.  34.  Notwithstanding  the  statements  contained  in  the  preceding 
article,  the  instruments  or  contracts  executed  or  covenanted  by  a  per- 
son who,  according  to  the  Registry,  has  a  right  thereto,  shall  not  be 
invalidated  with  regard  to  third  persons,  after  they  have  once  been 
recorded,  although  later  the  right  of  the  person  executing  them  is 
annulled  or  determined  by  virtue  of  a  prior  deed  not  recorded,  or  for 
reasons  which  do  not  clearly  appear  from  the  Registry. 

Only  by  virtue  of  a  recorded  instrument  may  another  later  instru- 
ment, also  recorded,  be  invalidated  to  the  prejudice  of  third  persons, 
with  the  exceptions  mentioned  in  article  389. 

The  provisions  of  this  article  may  at  no  time  be  applied  to  the  instru- 
ment recorded  in  accordance  with  the  provisions  of  article  390,  unless  the 
prescription  has  validated  or  secured  the  interest  referred  to  therein. 

Art.  35.  A  prescription  which  does  not  require  a  just  title  shall  not 
prejudice  third  persons  if  its  possessory  title  is  not  recorded. 

Neither  shall  a  third  person  be  prejudiced  by  a  prescription  which 
requires  a  just  title  if  the  latter  is  not  recorded. 

In  either  case  the  time  of  the  prescription  shall  begin  from  the  date 
of  the  record. 

As  to  the  legal  owner  of  the  realty  or  interest  which  is  being  pre- 
scribed, the  title  shall  be  determined  and  the  time  computed  in  accord- 
ance with  common  law. 


17 

Art.  36.  Suits  for  recision  or  determination  of  title  shall  not  be  insti- 
tuted against  third  persons  who  have  recorded  the  instruments  of  their 
respective  interests  in  conformity  with  the  provisions  of  this  law. 

Art.  37.  Exceptions  to  the  rule  contained  in  the  preceding  article 
are: 

1.  Suits  for  recision  or  determination  of  title  which  are  due  to  the 
causes  plainly  expressed  in  the  Registry. 

2.  Suits  for  recision  of  conveyances  made  for  the  purpose  of  defraud- 
ing creditors  in  the  following  cases: 

When  the  second  conveyance  has  been  made  without  consideration. 

When  the  third  person  was  a  party  to  the  fraud. 

In  both  cases  the  third  person  shall  not  be  prejudiced  by  any  action 
for  recision  not  brought  within  one  year  from  the  time  of  the  fraudulent 
conveyance. 

Art.  38.  In  consequence  of  the  provisions  of  article  36,  no  instru- 
ments or  contracts  shall  be  annulled  or  rescinded  to  the  prejudice  of 
third  persons  who  may  have  had  their  interests  recorded  for  any  of 
the  following  reasons: 

1.  For  the  revocation  of  gifts  in  such  cases  as  are  permitted  by  law, 
except  when  the  donee  does  not  comply  with  conditions  entered  in  the 
Registry. 

2.  For  the  legal  retraction  of  the  sale,  or  the  legal  preference  (tanteo) 
in  an  emphyteusis. 

3.  For  not  having  paid  the  full  price  of  the  article  sold,  or  a  portion 
thereof,  if  it  does  not  appear  by  the  record  that  the  payment  has  been 
postponed. 

■4.  For  the  resale  of  an  article,  when  either  the  sale  or  resale  has 
not  been  recorded. 

5.  For  willful  damage  (lesion)  in  cases  1  and  2  of  article  1291  of  the 
Civil  Code. 

6.  For  conveyances  made  for  the  purpose  of  defrauding  creditors, 
with  the  exception  of  the  cases  mentioned  in  the  preceding  article. 

7.  For  any  other  actions,  which  the  laws  or  special  statutes  permit 
certain  persons  to  bring  for  the  purpose  of  rescinding  contracts  for 
reasons  not  specifically  stated  in  the  record. 

In  every  case  that  the  suit  for  recision  or  determination  of  title  can 
not  be  instituted  against  the  third  person,  in  accordance  with  the  pro- 
visions of  this  article,  the  corresponding  personal  action  may  be  brought 
to  recover  from  the  person  who  may  have  been  the  cause  thereof,  indem- 
nity for  the  injuries  and  damages  suffered. 

Art.  39.  By  a  conveyance  without  consideration  to  defraud  creditors 
in  case  1,  ifo.  2  of  article  37,  shall  be  understood  not  only  the  one  by  gift 
or  cession  of  a  right,  but  also  any  conveyance,  creation,  or  renuncia- 
tion which  the  debtor  makes  of  some  property  right  within  the  periods 
respectively  mentioned  in  the  common  or  in  the  proper  commercial  laws, 
for  the  recision  of  convevances  made  to  defraud  creditors,  provided 
19039 2 


18 

there  was  no  price  or  its  equivalent,  or  any  preexisting  obligation  which 
had  fallen  due. 

Art.  40.  In  accordance  with  the  provisions  of  the  preceding  article, 
and  providing  the  circumstances  mentioned  exist,  the  following  may  be 
revoked : 

1.  Annuities  (censos),  emphyteusis,  servitudes,  uses,  and  other  prop- 
erty rights  created  by  the  debtor. 

2.  The  creation  of  dowries  or  gifts  by  reason  of  marriage,  in  favor  of 
the  wife,  children,  or  strangers. 

3.  Conveyances  of  real  property  for  the  payment  of  debts  which  have 
not  yet  fallen  due. 

4.  Voluntary  mortgages  created  for  the  security  of  debts  previously 
contracted  without  this  guaranty,  and  which  have  not  yet  fallen  due, 
provided  the  conditions  of  the  principal  obligation  are  not  thereby 
encumbered. 

5.  Any  contract  by  which  the  debtor  transfers  or  renounces  expressly 
or  impliedly  any  property  right. 

It  shall  be  understood  that  no  price  or  its  equivalent  figures  in  said 
contracts,  when  the  notary  does  not  certify  as  to  its  delivery  or  if  the 
contracting  parties  acknowledge  that  the  delivery  had  previously 
taken  place,  and  the  fact  is  not  proveu  or  it  is  shown  that  it  must  be 
embraced  in  case  No.  3  of  this  article. 

Art.  41.  The  owner  of  tire  realty  or  of  the  property  right  shall  be 
considered  a  party  to  the  fraudulent  conveyance  in  the  second  case, 
No.  2  of  article  37 : 

1.  When  it  is  proven  that  he  knew  the  purpose  of  making  said 
conveyance,  and  that  he  was  a  party  to  it  in  the  character  of  last 
owner  or  in  any  other  capacity. 

2.  When  he  acquired  his  interest,  either  directly  from  the  debtor  or 
from  a  subsequent  purchaser,  for  half  or  less  than  half  its  true  value. 

3.  When  any  kind  of  false  statements  or  subterfuge  has  been 
employed  in  the  contract  executed  by  the  debtor,  and  it  is  proven  that 
the  owner  had  notice  or  took  advantage  thereof. 

Title  III. 

CAUTIONARY   NOTICES. 

Art.  42.  Cautionary  notices  of  their  respective  interests  in  the  cor- 
responding public  Registries  may  be  demanded  by: 

1 .  The  person  who  enters  suit  for  the  ownership  of  the  real  property, 
or  for  the  creation,  declaration,  modification,  or  extinction  of  any  prop- 
erty right. 

2.  The  person  who,  in  accordance  with  the  law,  obtains  a  writ  of 
attachment  against  the  real  property  of  the  debtor. 

3.  The  person  who,  in  any  trial,  obtains  a  decree  against  the  defend- 
ant, which  must  be  carried  out  in  the  manner  prescribed  by  title  8  of 
the  Law  of  Civil  Procedure. 


19 

4.  The  person  who  enters  a  declaratory  suit  for  the  fulfillment  of  any 
obligation,  and  who,  in  accordance  with  the  laws,  obtains  a  decree 
ordering  the  sequestration  or  prohibiting  the  alienation  of  the  real 
property. 

5.  The  person  who  enters  a  suit  for  the  purpose  of  obtaining  any  of 
the  decrees  mentioned  in  No.  4  of  article  2  of  this  law. 

6.  The  widower  by  the  right  granted  him  by  article  838  of  the  Civil 
Code. 

7.  The  legatee  who,  according  to  the  law,  has  no  right  to  institute 
testamentary  proceedings. 

8.  The  agricultural  creditor,  during  the  time  the  work  lasts  which 
is  the  object  of  the  loan. 

9.  The  person  who  presents  an  instrument  to  the  Eegistry  which  can 
not  be  definitely  recorded  on  account  of  some  omission  which  may  be 
repaired,  or  on  account  of  the  incapacity  of  the  Register. 

10.  The  person  who  in  any  other  case  has  a  right  to  demand  a  cau- 
tionary notice  in  accordance  with  the  provisions  of  this  law. 

Art.  43.  In  the  case  of  No.  1  of  the  preceding  article,  no  caution- 
ary notice  may  be  made  unless  it  is  so  ordered  by  a  judicial  decree 
issued  at  the  instance  of  a  person  having  a  right  thereto  and  by  virtue 
of  a  document  sufficient  in  the  opinion  of  the  judge. 

In  the  case  of  No.  2  of  the  same  article,  the  record  shall  be  obligatory, 
according  to  the  provisions  of  article  1435  of  the  Law  of  Civil  Procedure, 
in  force  in  the  Philippines,  and  article  1451  of  the  law  which  is  in  force 
in  Cuba  and  Puerto  Rico. 

In  the  case  of  No.  5  of  the  said  preceding  article,  the  entry  must  also 
be  made  by  virtue  of  a  judicial  decree,  which  may  be  issued  by  reason 
of  the  duty  to  do  so,  when  there  are  no  persons  requesting  it,  provided 
the  court,  in  its  opinion,  deems  said  entry  advisable  to  insure  the 
effect  of  any  judgment  which  may  be  rendered  in  the  suit. 

Art.  44.  The  creditor  who  obtains  an  entry  in  his  favor  in  cases 
Nos.  2,  3,  and  4,  of  article  42,  shall  have  preference,  only  with  regard  to 
the  property  entered,  over  those  who  have  another  claim  against  the 
same  debtor,  contracted  subsequently  to  said  entry. 

Art.  45.  In  the  case  No.  6  of  article  42,  the  widower  may  demand  a 
cautionary  notice  of  the  right  of  use  which  belongs  to  him,  against 
all  the  realty  of  the  inheritance,  in  accordance  with  the  procedure  indi- 
cated in  articles  55,  56,  and  57,  of  this  law. 

Art.  46.  The  legatee,  who  has  no  right,  according  to  the  law,  to  insti- 
tute testamentary  proceedings,  may  at  any  time  request  a  cautionary 
notice  against  the  goods  bequeathed  him,  if  they  consist  of  specific 
personal  property. 

If  the  legacy  is  not  specific,  tbe  legatee  may  demand  a  record  of  its 
value  against  any  of  the  realty  of  the  inheritance  sufficient  to  cover  it, 
within  180  days  following  the  death  of  the  testator. 

In  either  case  the  entry  shall  be  made  by  presenting  in  the  Registry 
the  instrument  on  which  the  interest  of  the  legatee  is  based. 


20 

The  legatee  of  specific  personal  property,  or  of  credits,  or  annuities 
arising  therefrom,  can  procure  a  cautionary  notice  against  such  prop- 
erty only. 

Art.  47.  The  legatee  of  goods  or  money  can  not  demand  their  entry 
against  real  property  which  has  been  expressly  bequeathed  to  others. 

Art.  48.  No  legatee  of  goods  or  money  who  has  a  cautionary  notice 
in  his  favor  can  prevent  another  legatee  of  the  same  kind  from  obtain- 
ing another  entry  within  the  period  allowed  by  law  in  his  favor  against 
the  property  which  has  already  been  entered. 

Art.  49.  If  the  heir  wishes  to  enter,  in  his  name,  the  goods  inherited 
within  the  180  days  mentioned,  and  there  is  no  legal  obstacle  thereto, 
he  may  do  so,  provided  that  all  the  legatees  previously  renounce,  by 
public  deed,  their  right  to  entry,  or,  in  case  no  express  renunciation  is 
made,  the  same  legatees  are  notified  thirty  days  beforehand  of  the 
request  of  the  heir,  so  that  they  may  make  use  of  their  privilege  within 
said  period,  if  they  wish  to  do  so. 

This  notification  shall  be  made  in  accordance  with  the  provisions  of 
articles  254,  255,  258,  and  509  of  the  Law  of  Civil  Procedure  in  force  in 
the  Philippines,  and  270,  271,  274,  and  525  of  the  oneun  force  in  Cuba 
and  Puerto  Rico. 

If  the  identity  of  the  legatees  is  in  doubt,  the  judge  or  court  shall  order 
that  a  cautionary  notice  of  their  legacy  be  made,  either  at  the  instance 
of  the  heir  himself,  or  at  that  of  any  other  interested  person,  or  by 
reason  of  a  special  duty. 

The  heir  who  requests  a  record  in  his  favor  of  the  property  inherited, 
within  the  180  days  referred  to,  may  at  once  have  a  cautionary  notice 
thereof  made. 

This  entry  shall  not  be  converted  into  a  definite  record  until  the  lega- 
tees have  expressly  or  impliedly  renounced  the  entry  of  their  legacies, 
and  it  shall  be  canceled  with  regard  to  the  property  against  which  the 
same  legatees  request  a  cautionary  notice  to  be  filed  in  accordance  with 
their  rights. 

Art.  50.  The  legatee  who  obtains  a  cautionary  notice  shall  be  pre- 
ferred to  the  creditors  of  the  heir  who  may  have  accepted  the  inherit- 
ance without  the  benefit  of  inventory,  and  to  any  other  who,  subsequent 
to  the  date  of  said  entry,  acquires  some  interest  in  the  property  entered; 
but  it  is  to  be  understood  that  this  preference  is  only  in  so  far  as  the 
value  of  said  property  is  concerned. 

Art.  51.  The  cautionary  notice  shall  give  preference,  with  regard  to 
the  value  of  the  entered  property,  to  the  legatees  who  may  have  made 
use  of  their  right  within  the  180  days  mentioned  in  article  46  over 
those  who  do  not  make  use  of  their  privilege  within  the  same  period. 

Those  who  have  secured  said  entry  within  this  period  shall  have  no 
preference  over  each  other,  but  without  prejudice  to  that  correspond- 
ing to  the  specific  legatee,  in  accordance  with  common  law,  over  other 
legatees,  in  this  instance  as  well  as  in  the  case  of  his  not  having 
requested  its  entry. 


21 

Art.  52.  The  legatee  who  is  not  specific,  and  allows  the  period  men- 
tioned in  article  46  to  elapse  without  making  use  of  his  privilege,  may- 
only  later  on  demand  a  cautionary  notice  against  the  property  of  the 
inheritance  which  is  in  the  hands  of  the  heir;  but  this  shall  have  no 
effect  against  any  person  who  may  have  previously  acquired  and 
recorded  some  interest  in  the  inherited  property. 

Art.  53.  The  legatee  who,  after  the  180  days  have  elapsed,  should 
request  a  cautionary  notice  against  the  hereditary  property  which  is  in 
the  hands  of  the  heir,  shall  not  thereby  acquire  any  preference  over  the 
other  legatees  who  may  have  omitted  this  formality,  nor  shall  he  gain 
any  other  advantage  than  that  of  recovering  his  legacy  before  any 
creditor  of  the  heir  subsequently  acquiring  some  interest  in  the  entered 
property. 

Art.  54.  An  entry,  requested  after  this  period  has  elapsed,  may  be 
made  against  property  noted  within  this  period  in  favor  of  another 
legatee,  provided  they  are  in  possession  of  the  heir;  but  the  legatee 
who  obtains  it  can  recover  his  legacy  only  to  the  extent  of  the  value  of 
the  property  after  the  claims  of  those  who  had  their  entry  made  within 
said  period  have  been  satisfied. 

Art.  55.  A  cautionary  notice  of  legacies  and  of  agricultural  loans 
made  shall  not  be  judicially  decreed  without  previous  proceedings  and 
hearing  of  those  who  may  have  any  interest  in  preventing  it. 

Art.  56.  The  cautionary  notice  of  legacies  may  be  made  by  virtue 
of  an  agreement  between  the  parties  or  by  a  judicial  decree. 

Art.  57.  When  the  entry  must  be  made  by  virtue  of  a  judicial  decree, 
the  legatee  shall  appear  before  the  judge  or  court  having  jurisdiction  of 
the  will  establishing  his  right,  presenting  the  documents  on  which  it  is 
founded,  and  specifying  the  property  which  he  desires  to  have  entered. 
The  court,  in  an  oral  trial,  and  in  accordance  with  the  statements  of  the 
heir  and  said  legatee,  shall  render  a  decision,  either  refusing  or  comply- 
ing with  the  request,  in  accordance  with  the  procedure  established  by 
chapter  4,  title  2,  book  2  of  the  Law  of  Civil  Procedure. 

In  the  latter  case  it  shall  specify  the  property  which  is  to  be  entered, 
and  shall  send  the  respective  communication  to  the  Register,  inclosing 
a  literal  copy  of  its  decision,  for  compliance. 

An  appeal  may  be  taken  from  this  decision  to  the  Audiencia  of  the 
district. 

Art.  58.  If  the  entry  has  been  judicially  requested  by  one  legatee 
and  a  second  one  appears  with  a  similar  claim  on  the  same  property,  he 
shall  also  be  heard  at  the  trial. 

Art.  59.  The  agricultural  creditor  may  request  an  entry  against  the 
estate  which  is  the  subject  of  the  loan  for  the  amounts  which  he 
advanced  in  one  payment  or  in  successive  ones,  presenting  the  written 
contract  he  may  have  in  any  legal  manner  made  with  the  debtor. 

This  entry  shall  have,  with  regard  to  the  agricultural  loan,  all  the 
effects  of  a  mortgage. 


22 

Art.  60.  It  shall  not  be  necessary  that  the  instruments  by  virtue  of 
which  the  cautionary  notice  of  agricultural  loans  is  requested  should 
specify  the  exact  amount  of  money  or  effects  these  credits  consist  of, 
and  it  shall  be  sufficient  for  them  to  contain  enough  details  to  liqui- 
date them  when  the  works  contracted  for  are  terminated. 

Art.  61.  If  the  estate  which  is  the  subject  of  the  agricultural  loan 
should  be  subject  to  recorded  real  property  agreements,  the  entry  can 
only  be  made  by  virtue  of  a  unanimous  agreement,  by  means  of  a  pub- 
lic instrument  between  the  owner  and  the  persons  in  whose  favor  said 
agreements  are  created,  on  the  object  of  the  improvement  itself,  and 
the  value  of  the  estate  before  beginning  the  works,  or  by  virtue  of  a 
judicial  decree  issued  in  a  proceeding  for  the  purpose  of  fixing  said 
value,  and  in  which  all  the  parties  indicated  are  cited. 

Art.  62.  If  any  of  those  in  whose  favor  the  real-property  agreements 
mentioned  in  the  preceding  article  are  entered  is  not  a  person  whose 
identity  is  known,  or  is  absent  and  his  residence  is  unknown,  or  he 
refuses  his  consent  thereto,  the  entry  may  only  be  made  by  virtue  of  a 
judicial  decree. 

Art.  63.  The  value  at  which  the  estate  which  is  the  subject  of  the 
agricultural  loan  is  appraised,  before  the  work  is  begun,  shall  appear 
in  the  record  of  the  debt. 

Art.  64.  The  persons  in  whose  favor  property  rights  are  created  in 
the  estate  which  is  the  subject  of  the  agricultural  loan,  the  value  of 
which  appears  in  the  form  prescribed  by  the  preceding  articles,  shall 
reserve  their  rights  of  preference  with  regard  to  the  agricultural  cred- 
itor, but  only  to  the  extent  of  the  appraised  value  of  the  estate. 

The  agricultural  creditor  shall  be  considered  as  a  mortgagee,  with 
respect  to  the  excess  of  the  value  of  the  estate  over  the  obligations 
mentioned  above,  and  in  any  case,  with  respect  to  the  difference 
between  the  price  at  which  the  estate  was  appraised  before  the  im- 
provement and  its  value  at  the  time  of  the  judicial  conveyance. 

Art.  65.  Errors  which  may  be  remedied  are  such  as  affect  the  valid- 
ity of  the  instrument  itself,  without  necessarily  producing  the  nullity  of 
the  obligation  created  thereby. 

Should  the  instrument  contain  any  of  these  errors,  the  Eegister  shall 
suspend  its  record,  and  shall  enter  a  cautionary  notice  thereof  if  the 
person  presenting  the  instrument  request  it. 

Errors  which  can  not  be  corrected  are  such  as  necessarily  produce 
the  nullity  of  the  obligation. 

If  the  instrument  should  not  contain  any  error  of  this  kind,  its  record 
will  be  refused,  and  no  cautionary  notice  can  be  entered. 

Art.  66.  The  parties  interested  may  object  to  administrative  officers 
against  the  decision  respecting  the  instrument  made  by  the  Eegister, 
without  prejudice  to  applying,  if  they  wish  to  do  so,  to  the  courts  of 
justice  to  discuss  and  contend  among  themselves  regarding  the  valid- 
ity or  nullity  of  the  documents  or  of  the  obligation.    In  case  record  is 


23 

suspended  on  account  of  errors  in  the  instrument  which  may  be  cor- 
rected, and  the  cautionary  notice  is  not  requested,  the  interested 
parties  may  correct  the  errors  within  the  thirty  days  during  which  the 
entry  of  presentation  is  effective.  If  the  cautionary  notice  is  entered, 
they  may  be  corrected  during  the  time  the  latter  remains  in  force, 
according  to  article  96. 

If  record  has  been  refused,  and  the  interested  person  should  enter  a 
suit  before  the  courts  of  justice  to  have  established  the  validity  of  the 
instrument  or  obligation,  within  the  thirty  days  following  the  date 
of  the  record  of  presentation,  he  may  demand  entry  of  a  cautionary 
notice  of  his  suit,  and  the  entry  shall  be  antedated  to  conform  with 
the  date  of  the  record  of  presentation. 

After  said  period  the  cautionary  notice  of  the  suit  shall  be  effectual 
only  from  its  date. 

In  the  case  of  appealing  to  administrative  officers  against  the  deci- 
sion respecting  the  instrument,  all  the  periods  mentioned  in  the  two 
preceding  paragraphs  shall  be  suspended  from  the  day  the  appeal  is 
entered  until  its  final  resolution. 

Art.  67.  In  case  an  entry  is  made  because  the  record  can  not  take 
place  on  account  of  an  error  which  can  be  corrected,  the  interested 
party  may  demand  that  the  Register  give  him  a  copy  of  said  entry, 
authenticated  by  his  signature,  in  which  shall  appear  whether  there 
are  pending  or  not  any  other  instruments  relative  to  the  same  realty, 
and,  if  so,  what  they  are. 

Art.  68.  Decrees  ordering  or  refusing  a  cautionary  notice  in  cases 
1,  5,  and  6  of  article  42  may  be  appealed  from  for  review  only  (uu  solo 
efecto). 

In  case  No.  7  of  the  same  article  the  decree  may  be  appealed  from 
for  review  and  also  to  stay  proceedings  (ambos  efectos)  when  the  per- 
son who  has  some  prior  property  right  in  the  recorded  realty  has 
opposed  the  entry. 

Art.  69.  The  person  who  may  demand  a  cautionary  notice  of  an 
interest  and  should  not  do  so  within  the  period  prescribed  for  this 
purpose  can  not  have  it  entered  subsequently  in  his  favor  to  the 
prejudice  of  a  third  person  who  may  have  recorded  the  same  interest, 
having  acquired  it  from  a  person  who,  according  to  the  Registry,  was 
competent  to  convey  it. 

Art.  70.  When  the  cautionary  notice  of  an  interest  is  converted 
into  a  definite  record  of  the  same,  it  shall  be  effectual  from  the  date  of 
its  entry. 

Art.  71.  The  real  property  or  property  rights  which  are  entered 
may  be  conveyed  or  encumbered,  but  without  prejudice  to  tbe  right  of 
the  person  in  whose  favor  the  entry  was  made. 

If  the  real  property  or  property  rights  of  which  cautionary  entries 
have  been  made  in  accordance  with  article  42,  ISTos.  2  and  3,  should  be 
awarded  to  a  claimant  by  virtue  of  a  judgment  rendered  in  a  suit,  or 
if  it  were  necessary  to  offer  them  at  public  sale,  a  notice  of  said  award 


24 

or  advertisement  shall  be  transmitted  to  the  person  who  may  have 
acquired  said  property  or  rights  during  the  pendency  of  the  suit. 

Said  notice  must  be  issued  at  the  instance  of  the  plaintiff  after  the 
award  has  been  finally  decreed  or  before  the  sale  in  the  judicial  pro- 
ceedings takes  place,  observing  the  provisions  of  articles  260  to  269  of 
the  Law  of  Civil  Procedure  in  force  in  the  Antilles,  and  articles  244 
to  253  of  the  one  in  force  in  the  Philippines. 

After  the  notice  referred  to  in  the  preceding  paragraph  has  been 
made  the  person  notified  may  free  the  property  in  question  by  paying 
the  amount  mentioned  in  the  entry  to  cover  principal  and  costs;  this 
must  not  be  construed  as  meaning  that  he  is  obliged  to  pay  a  larger 
sum  than  that  mentioned  in  the  entry.  Should  he  not  do  so  within  ten 
days,  the  record  of  his  ownership  shall  be  canceled  in  the  Registry,  as 
well  as  any  other  record  that  has  been  made  after  the  entry,  for  which 
purpose  the  respective  order  shall  be  transmitted  to  the  Register  at  the 
instance  of  the  purchaser  at  the  auction,  or  of  the  person  to  whom  it 
has  been  awarded. 

If  the  conveyance  executed  and  recorded  during  the  pendency  of  the 
suit  relates  to  an  estate,  the  ownership  of  which  is  demanded  by  vir- 
tue of  a  claim,  a  cautionary  notice  of  which  has  been  made  in  accord- 
ance with  No.  1  of  article  42  of  this  law,  a  certified  copy  of  the  final 
judgment  in  favor  of  the  ownership  of  the  plaintiff  shall  be  a  valid  title 
deed  by  virtue  of  which  this  record  may  be  canceled. 

Final  decrees  of  prohibition  or  declaring  the  legal  incapacity  of  some 
person  for  administration,  or  by  which  his  civil  status  with  reference 
to  the  free  disposition  of  his  property  is  modified,  shall  be  sufficient 
documents  for  the  cancellation  of  records  of  conveyances  executed 
during  the  period  of  the  pendency  of  the  suit  instituted  by  the  person 
who  has  been  declared  incapacitated,  provided  a  cautionary  notice  of 
the  claim,  which  is  the  basis  of  the  decree,  shall  have  been  previously 
made  in  accordance  with  the  provisions  of  article  42,  No.  5. 

Art.  72.  Cautionary  notices  shall  embrace  the  details  required  for 
record  by  articles  9,  10,  11,  12,  and  13,  in  so  far  as  they  appear  in  the 
deeds  or  documents  presented  at  the  time  said  entries  are  requested. 

Such  as  are  caused  by  writs  of  attachment  or  sequestration  shall 
express  the  reason  for  which  they  were  granted  and  the  amount  of  the 
obligation  involved. 

Art.  73.  Any  judicial  decree  ordering  a  cautionary  notice,  shall 
express  the  details  which  the  latter  must  contain,  according  to  the 
provisions  of  the  preceding  article,  if  it  so  appear  from  the  deeds  or 
documents,  which  were  examined  and  were  the  basis  of  said  decree. 

When  the  entry  must  embrace  all  the  property  of  a  person,  as  in 
cases  of  incapacity  or  other  similar  cases,  the  Register  shall  enter  all 
that  are  recorded  in  favor  of  such  person. 

In  this  case  the  property  which  is  not  recorded  may  also  be  entered, 
provided  the  judge  or  court  so  order  it,  and  a  previous  record  is  made 
in  favor  of  the  owner  of  the  property  encumbered  by  said  entry. 


25 

Art.  74.  If  the  instruments  or  documents,  by  virtue  of  which  the 
cautionary  notice  is  requested  judicially  or  extra  judicially,  should  not 
contain  the  details  required  to  make  it  valid,  such  details  shall  be  stated 
by  the  interested  parties  in  the  petition  in  which  they  solicit  the  entry  by 
common  consent.  Should  there  be  no  agreement,  the  person  requesting 
the  entry  shall  mention  these  details  in  the  document  in  which  he  solicits 
it,  and  after  hearing  the  other  interested  party  as  to  its  accuracy,  the 
judge  or  court  will  decide  as  they  deem  proper. 

Art.  75.  Cautionary  notices  shall  be  made  in  the  same  part  of  the 
book  where  the  record  would  be  made,  if  the  right  entered  should  be 
converted  into  a  recorded  right. 

Art.  76.  A  cautionary  notice  shall  be  null  when  the  estate  or  interest 
entered,  or  the  persons  whom  the  entry  concerns,  or  its  date,  can  not 
be  identified  therefrom. 

Title  IV. 

CANCELLATION  OF  THE  RECORD  AND  OF  THE  ENTRY  OF  CAUTIONARY 

NOTICES. 

Art.  77.  Eecords  are  not  extinguished  as  to  third  persons  except  by 
their  cancellation,  or  by  a  record  of  the  transfer  of  the  ownership  or 
property  right  recorded,  to  another  person. 

Art.  78.  Cancellation  of  records  or  of  cautionary  notices  may  be 
total  or  partial. 

Art.  79.  A  total  cancellation  may  be  demanded,  and  should  be 
ordered  in  a  proper  case : 

1.  When  the  realty,  which  is  the  subject  of  the  record,  is  completely 
extinguished. 

2.  When  the  recorded  interest  is  also  completely  extinguished. 

3.  When  the  instrument,  by  virtue  of  which  the  record  was  made,  is 
declared  null. 

4.  When  the  nullity  of  the  instrument  is  declared,  because  some 
essential  requisite  is  lacking,  in  conformity  with  the  provisions  of 
article  30. 

Art.  80.  A  partial  cancellation  may  be  demanded  and  should  be 
decreed  in  a  proper  case : 

1.  When  the  realty,  which  is  the  subject  of  the  record  or  cautionary 
notice,  is  diminished. 

2.  When  the  interest  recorded  is  diminished  in  favor  of  the  owner  of 
the  encumbered  estate. 

Art.  81.  The  enlargement  of  any  recorded  interest  shall  be  the  sub- 
ject of  a  new  entry,  in  which  reference  shall  be  made  to  the  interest 
enlarged. 

Art.  82.  The  records  or  cautionary  notices  made  by  virtue  of  a 
public  document  can  not  be  canceled  except  by  a  final  decree,  from 
which  there  is  no  appeal  in  cassation  pending,  or  by  any  other  authen- 
ticated instrument  or  document,  in  which  the  person  in  whose  favor  the 


26 

record  or  entry  has  been  made,  or  bis  legal  representative  or  attorney 
signifies  his  consent  to  the  cancellation. 

Notwithstanding  the  provisions  of  the  preceding  paragraph,  the 
records  or  entries  referred  to  therein  may  be  canceled  without  the 
requisites  mentioned,  when  the  interest  recorded  is  extinguished  by  a 
declaration  of  law,  or  as  a  result  of  the  recorded  deed  itself. 

The  records  and  entries  made  by  virtue  of  judicial  decrees  may  only 
be  canceled  by  a  final  decree,  in  which  the  facts  provided  by  the  first 
paragraph  of  this  article  appear. 

Records  made  to  account  for  sums  represented  by  negotiable  instru- 
ments may  be  canceled  through  the  presentation  of  a  document  executed 
by  those  who  collected  the  debts,  and  from  which  it  must  appear  that  at 
the  time  of  its  execution  the  negotiable  instruments  were  canceled,  or 
by  a  petition  signed  by  these  parties  and  the  debtor,  to  which  the  instru- 
ments referred  to  will  be  attached,  duly  perforated.  If  some  of  them 
have  been  lost,  there  shall  be  presented  with  the  document  or  petition 
a  copy  of  the  judicial  decree  declaring  their  cancellation.  The  register 
must  convince  himself  of  the  authenticity  of  the  signatures  and  the 
identity  of  the  persons  who  make  the  request. 

Eecords  made  to  account  for  sums  represented  by  instruments  exe- 
cuted to  bearer  can  not  be  canceled  if  the  extinction  of  all  the  secured 
obligations  can  not  be  proven,  unless  a  copy  of  the  judicial  decree  declar- 
ing the  extinction  of  said  obligations  is  presented. 

In  the  case  mentioned  in  the  preceding  paragraph,  in  order  to  issue 
the  judicial  decree,  four  calls  of  those  having  a  right  to  oppose  the  can- 
cellation must  be  made  by  means  of  public  notices  and  advertisements 
in  the  official  papers,  each  one  for  the  period  of  six  months. 

Art.  83.  If  a  record  or  entry  has  been  created  by  virtue  of  a  judicial 
decree,  and  the  parties  interested  agree  in  a  legal  manner  to  cancel  it, 
they  shall  apply  to  the  judge  or  court  of  competent  jurisdiction  by  means 
of  a  document  expressing  their  wishes,  and  after  its  contents  have  been 
ratified,  if  there  is  or  can  be  no  prejudice  against  third  persons,  a  decree 
ordering  the  cancellation  shall  be  issued. 

The  judge  or  court  shall  also  issue  a  similar  decree,  when  it  is  deemed 
advisable,  although  the  person  in  whose  favor  the  entry  or  record  has 
been  made  does  not  consent  to  the  cancellation. 

If  the  record  or  entry  has  been  created  by  means  of  a  public  docu- 
ment and  its  cancellation  is  ordered,  the  person  whom  said  cancellation 
prejudices  not  consenting  thereto,  the  other  interested  party  may  enter 
a  declaratory  suit  therefor. 

Art.  84.  The  judge  or  court,  or  the  one  which  has  legally  succeeded 
it  in  such  matters,  which  may  have  ordered  an  entry  of  a  cautionary 
notice,  or  its  conversion  into  a  definite  record,  shall  be  competent  to 
order  its  cancellation. 

Art.  85.  A  cautionary  notice  shall  be  canceled,  not  only  when  the 
interest  entered  is  extinguished,  but  also  when  it  is  respectively  agreed 


27 

to  in  the  document  or  ordered  in  the  decree  that  it  be  converted  into  a 
definite  record. 

If  the  entry  has  been  made  without  a  public  document,  and  it  is  to 
be  canceled  without  converting  it  into  a  definite  record,  the  cancella- 
tion may  also  be  made  by  means  of  documents  similar  to  those  which 
were  presented  when  the  entry  was  requested. 

Art.  86.  An  entry  in  favor  of  a  legatee  who  is  not  specific,  shall  be 
extinguished  one  year  after  its  date. 

If  a  legacy  is  not  demaudable  at  the  end  of  ten  months,  the  cautionary 
notice  shall  be  considered  effectual  for  two  months  longer,  during  which 
time  it  may  be  demanded. 

Art.  87.  If,  before  the  cautionary  notice  is  extinguished,  it  appears 
inefficient  for  the  security  of  the  legacy,  on  account  of  the  liens  or 
special  conditions  of  the  property  entered,  the  legatee  may  demand 
that  another  be  created  against  different  property  in  the  inheritance, 
provided  such  exists  on  which  such  incumbrance  may  be  charged. 

Art.  88.  The  legatee  of  rents  or  periodical  annuities,  absolutely 
imposed  by  the  testator  on  any  heir  or  on  other  legatees,  but  without 
declaring  this  obligation  a  personal  one,  shall  have  a  right,  within  the 
period  fixed  in  article  86,  to  demand  that  the  cautionary  notice  which 
he  may  have  made  of  his  claim  be  converted  into  a  record  of  mortgage. 

Art.  89.  The  heir  or  legatee  who  has  been  charged  with  the  annuity 
must  create  the  mortgage  mentioned  in  the  preceding  article  on  the 
same  property  which  has  been  entered,  if  it  is  awarded  to  him,  or  on 
any  other  real  property  of  the  estate  which  may  be  awarded  to  him. 

The  choice,  in  any  case,  lies  with  the  encumbered  heir  or  legatee, 
and  the  person  receiving  the  annuity  must  accept  the  mortgage  offered 
by  the  former,  provided  it  is  sufficient  and  on  property  of  the  estate. 

Art.  90.  The  person  receiving  the  annuity,  who  has  not  filed  a  cau- 
tionary notice,  may  also,  at  any  time,  demand  a  record  of  his  mortgage 
interest  in  the  property  of  the  estate  which  is  in  the  possession  of  the 
heir,  or  which  may  have  been  awarded  to  the  specially  charged  legatee 
or  heir,  provided  he  can  do  so  by  means  of  an  efficient  cautionary 
notice  in  accordance  with  the  provisions  of  the  preceding  article. 

This  entry  will  only  be  effectual  from  its  date. 

Art.  91.  The  person  receiving  the  annuity,  who  may  have  obtained  a 
cautionary  notice,  can  not  demand  a  mortgage  on  any  other  property  than 
that  entered,  if  it  is  sufficient  to  secure  the  legacy.  Should  it  not  be  suf- 
ficient, he  may  demand  the  creation  of  a  mortgage  on  other  property  of 
the  estate;  but  in  the  latter  case  he  must  act  in  conformity  with  the  pro- 
visions contained  in  the  second  paragraph  of  the  preceding  article. 

Art.  92.  An  entry  in  favor  of  an  agricultural  creditor  shall  be  extin- 
guished sixty  days  after  the  completion  of  the  work  which  was  the 
subject  of  the  loan. 

Art.  93.  An  agricultural  creditor  may  convert  his  cautionary  notice 
into  a  mortgage  record  if  at  the  end  of  the  period  mentioned  in  the 


28 

preceding  article  his  loan  has  not  been  repaid  entirely,  the  time  stipu- 
lated in  the  contract  not  having  expired. 

If  the  time  stipulated  for  the  payment  has  expired,  the  creditor  may 
either  extend  it  by  converting  the  entry  into  a  mortgage  record,  or  may 
demand  immediate  payment,  for  which  purpose  the  entry  will  have  the 
effect  of  a  mortgage. 

Art.  94.  To  convert  an  entry  of  an  agricultural  credit  into  a  record 
of  mortgage,  the  former  shall  be  liquidated,  if  it  is  not  already  so,  aud 
a  public  deed  shall  be  executed. 

Art.  95.  Any  questions  which  may  arise  between  the  creditor  and 
the  debtor  as  to  the  liquidation  of  the  agricultural  loan,  or  regarding 
the  creation  of  the  mortgage,  shall  be  decided  by  means  of  a  declaratory 
suit.  During  the  trial  and  settlement  of  this  suit  the  cautionary  notice 
shall  remain  in  force  and  effect. 

Art.  96.  An  entry  demanded  because  a  record  could  not  be  made  on 
account  of  errors  which  can  be  corrected  in  the  deed  presented,  shall 
become  null  sixty  days  after  its  date. 

This  period  may  be  extended  to  one  hundred  and  eighty  days  for  just 
cause,  and  by  virtue  of  an  administrative  resolution  of  the  president  of 
the  Audiencia  of  the  district,  provided  the  deed  presented  does  not 
emanate  from  a  judicial  decree,  in  which  case  the  time  can  only  be 
extended  by  another  similar  decree. 

Art.  97.  The  cancellation  of  the  records  of  cautionary  notices  does 
not  in  and  of  itself  extinguish,  with  regard  to  the  parties,  the  interests 
recorded  which  it  effects;  but  when  it  has  been  made  without  any 
apparent  cause  for  annulment,  such  as  those  mentioned  in  the  follow- 
ing article,  it  shall  have  all  its  effects  with  regard  to  third  persons, 
who,  by  reason  thereof,  may  have  acquired  or  recorded  any  interest, 
although  later  it  is  annulled  for  some  reason  which  does  not  clearly 
appear  from  the  said  record  of  cancellation. 

Art.  98.  The  cancellation  shall  be  void: 

1.  When  it  does  not  clearly  show  what  record  or  entry  has  been 
cancelled. 

2.  When  it  .does  not  contain  the  names  of  the  parties  thereto,  of  the 
notary,  or  in  a  proper  case  the  judge  or  court,  and  the  date  of  the  execu- 
tion or  delivery  of  the  deed,  by  virtue  of  which  the  cancellation  was 
made. 

3.  When  it  does  not  express  the  name  of  the  person  at  whose  instance 
or  with  whose  consent  the  cancellation  was  made. 

4.  When  the  cancellation  is  made  in  the  name  of  a  person  other  than 
the  one  in  whose  favor  the  record  or  entry  is  made,  and  it  does  not 
appear  therein  by  what  authority  said  person  acted. 

5.  When  a  partial  cancellation  does  not  specify  clearly  what  part  of 
the  realty  has  disappeared,  or  what  part  of  the  obligation  is  extin- 
guished and  what  still  remains. 

G.  When  the  cancellation  having  taken  place  by  virtue  of  the  record 
or  entry  of  a  private  document,  the  Register  does  not  certify  that  he 


29 

is  acquainted  with  the  persons  signing  the  same,  or  with  the  witnesses, 
in  default  of  the  former. 

7.  When  the  date  of  the  presentation  of  the  instrument  by  virtue  of 
which  the  cancellation  was  ordered  or  agreed  to,  is  not  contained  in 
the  Registry. 

Art.  99.  The  cancellation  may  be  declared  null,  but  not  to  the  pre- 
judice of  third  persons,  in  accordance  with  the  provisions  of  article  97 : 

1.  When  the  instrument  by  virtue  of  which  it  was  made  is  declared 
false,  null,  or  insufficient. 

2.  When  it  has  been  effected  through  error  or  fraud. 

3.  When  an  incompetent  judge  or  court  ordered  it. 

Art.  100.  Registers  shall  determine  under  their  responsibility,  the 
legality  of  documents  by  virtue  of  which  cancellation  is  requested,  and 
the  capacity  of  the  parties  thereto. 

Art.  101.  They  shall  determine  in  the  same  manner  documents  issued 
by  judicial  authorities,  for  the  sole  purpose  of  making  or  not  making 
the  cancellation  of  some  record  in  the  Registry. 

Against  these  determinations,  and  those  mentioned  in  the  preced- 
ing article,  the  remedies  mentioned  in  article  6Q  of  this  law  may  be 
taken. 

Art.  102.  The  Register  shall  at  once  make  the  cancellation  upon  the 
president  declaring  the  competency  of  the  judge. 

When  the  judge  is  not  considered  competent,  the  same  Register  shall 
communicate  this  decision  to  the  person  interested,  returning  the 
documents. 

Art.  103.  An  appeal  may  be  taken  to  the  Audiencia  from  the  decision 
of  the  president  by  the  judges  as  well  as  by  the  parties  interested, 
who,  after  a  a  hearing,  shall  determine  what  it  may  deem  just. 

A  remedy  by  cassation  may  be  had  as  respects  the  decision  of  the 
Audiencia. 

Art.  101.  The  cancellation  of  any  record  must  necessarily  contain 
the  following  facts : 

1.  The  kind  of  document  by  virtue  of  which  the  cancellation  is  made. 

2.  The  date  of  the  document  and  of  its  presentation  to  the  Registry. 

3.  The  name  of  the  judge,  court,  or  official  who  may  have  issued  it, 
or  the  notary  before  whom  it  was  executed. 

1.  The  names  of  the  parties  interested  in  the  records. 
5.  The  manner  in  which  the  cancellation  was  made. 

Title  V. 

Mortgages. 

Section  1. — Mortgages  in  general. 

Art.  105.  A  mortgage,  directly  and  primarily,  subjects  the  property 
on  which  it  is  imposed,  no  matter  who  may  be  its  owner,  to  the  fullill- 
meut  of  the  obligation  for  the  security  of  which  it  was  constituted. 


30 

Art.  106.  The  following  only  are  mortgageable: 

1.  Real  property. 

2.  Property  rights  in  the  realty,  alienable  in  accordance  with  the 
laws. 

Art.  107.  The  following  are  mortgageable,  but  with  such  restrictions 
as  are  hereinafter  expressed : 

1.  A  building  erected  on  ground  belonging  to  another,  which,  if  mort- 
gaged by  the  person  who  constructed  it,  shall  be  without  prejudice  to 
the  right  of  the  owner  of  the  ground,  this  incumbrance  being  only 
secured  by  the  interest  which  the  person  who  constructed  the  building 
has  therein. 

2.  The  right  of  use,  the  mortgage  being  extinguished  if  the  use  ter- 
minates by  an  act  independent  of  the  will  of  the  grantee.  If  it  is 
terminated  by  his  will,  the  mortgage  shall  be  effectual  until  the  obliga- 
tion secured  is  fulfilled,  or  until  such  time  as  the  use  would  naturally 
have  terminated  had  the  act  not  occurred  which  put  an  end  thereto. 

3.  The  mere  ownership,  in  which  case,  if  the  use  is  merged  with  it  in 
the  person  of  the  owner,  the  mortgage  shall  not  only  be  maintained,  but 
shall  also  extend  to  the  use  itself,  unless  the  contrary  has  been  agreed  to. 

4.  Property  already  mortgaged,  even  if  it  was  agreed  not  to  mort- 
gage it  again,  provided  the  preference  is  reserved,  which  the  creditors 
in  whose  favor  the  prior  mortgages  are  created  have  in  the  collection 
of  their  loans. 

5.  Surface,  pasture,  water,  timber,  and  other  similar  property  rights, 
provided  the  interests  of  other  owners  in  common  of  the  property  are 
reserved. 

6.  Railroads,  canals,  bridges,  and  other  works  destined  for  the  pub- 
lic service  the  operation  of  which  the  Government  has  granted  for  ten 
or  more  years,  and  the  buildings  or  lands  which,  although  not  directly 
and  exclusively  used  for  said  service,  belong  to  private  parties,  provided 
they  have  been  added  to  those  works;  but  the  mortgage  shall  be  depend- 
ent on  the  determination  of  the  right  of  the  owner  of  the  concession. 

7.  Property  belonging  to  persons  not  having  the  free  disposition 
thereof,  in  the  cases  and  with  the  formalities  which  the  laws  prescribe 
for  its  alienation. 

8.  The  interest  in  a  voluntary  mortgage,  but  the  said  mortgage  shall 
be  dependent  on  the  determination  of  the  said  interest. 

9.  Property  sold  under  a  covenant  to  reconvey,  or  similar  agreement, 
if  the  purchaser  or  his  attorney  limits  the  mortgage  to  the  amount  he 
would  receive  in  case  the  sale  is  decided  upon,  a  notice  of  the  contract 
being  given  to  the  vendor,  so  that  if  the  property  is  redeemed  before  the 
mortgage  is  canceled  he  shall  not  return  the  price  without  the  knowl- 
edge of  the  creditor,  provided  no  judicial  order  has  been  issued  to  that 
effect,  or  if  the  vendor  or  his  agent  mortgages  the  value  of  the  property 
and  also  the  amount  which  the  purchaser  would  realize  if  the  sale  is 
decided  on;  but  in  the  latter  case  the  creditor  can  not  proceed  against 
the  property  mortgaged  without  previously  redeeming  it,  in  the  name 


31 

of  the  debtor,  within  the  period  the  latter  has  a  right  to  do  so,  advancing 
the  sum  which  may  be  necessary  for  this  purpose. 

10.  Property  in  litigation,  if  a  cautionary  notice  has  been  made  of  the 
claim  which  is  the  basis  of  the  litigation,  or  if  it  appears  in  the  record, 
that  the  creditors  had  knowlege  of  the  suit,  but  in  either  case,  the 
mortgage  shall  depend  upon  the  decision  of  the  suit,  without  prejudicing 
the  rights  of  the  persons  interested  therein,  with  the  exception  of  those 
of  the  mortgagor. 

Art.  108.  The  following  are  not  mortgageable : 

1.  Growing  crops  and  unpaid  rents,  separated  from  the  estate  which 
produces  them. 

2.  Chattels  permanently  located  in  buildings,  either  useful  or  orna- 
mental, or  for  the  service  of  some  industry,  unless  they  are  mortgaged 
together  with  said  building. 

3.  Public  offices  conferred  by  the  Crown  (oficios  publicos). 

4.  Bonds  of  the  State  debt,  or  of  provinces  or  towns,  and  the  obliga- 
tions and  stocks  in  banks,  corporations,  or  companies  of  any  kind. 

5.  The  property  right  in  things,  which,  although  they  will  be  owned 
in  the  future,  are  not  yet  recorded  in  the  name  of  the  person  who  will 
have  a  right  to  own  them. 

6.  Servitudes,  unless  they  are  mortgaged  together  with  the  dominant 
estate,  and  excepting  in  any  case  that  of  water,  which  may  be 
mortgaged. 

7.  The  right  of  use  which  the  law  allows  fathers  or  mothers  in  the 
property  of  their  children  and  the  surviving  spouse  in  the  property 
of  the  deceased. 

8.  Use  and  occupation. 

9.  Mines,  if  a  definite  title  thereto  has  not  yet  been  obtained,  even 
if  they  are  situated  within  one's  own  property. 

Art.  109.  The  owner  of  property  which  is  subject  to  pending  condi- 
tions subsequent  may  mortgage  or  convey  the  same,  provided  the  rights 
of  the  person  interested  in  said  conditions  is  not  prejudiced,  an  express 
reserve  of  the  rights  referred  to  being  made  in  the  record. 

If  the  pending  condition  subsequent  should  affect  the  whole  property 
mortgaged,  the  latter  can  not  be  conveyed  to  collect  the  debt  until  said 
condition  has  been  fulfilled  and  the  realty  passes  to  the  absolute  own- 
ership of  the  debtor,  but  the  income  to  which  the  latter  is  entitled  shall 
at  once  be  applied  to  the  payment  of  the  debt. 

When  the  condition  subsequent  affects  only  a  portion  of  the  property 
mortgaged  it  must  be  judicially  conveyed,  together  with  said  condition 
subsequent,  to  which  the  ownership  of  the  debtor  is  subject,  and  the 
selling  price,  besides  the  income  he  is  entitled  to,  being  applied  to  the 
payment. 

If,  before  the  sale  takes  place,  the  debtor  acquires  the  absolute  own- 
ership in  the  property  mortgaged,  the  creditor  has  a  right  of  action 
against  it,  and  may  demand  that  it  be  conveyed  for  the  payment. 

The  provisions  of  this  article  may  be  applied  to  the  property  pos- 


32 

sessed,  with  a  pending  right  of  subrogation  in  favor  of  persons  who 
may  not  have  consented  to  the  mortgage  of  said  property. 

Art.  110.  A  mortgage  extends  to  natural  increase,  improvements, 
growing  crops,  and  rents  not  collected  when  the  obligation  falls  due, 
and  the  value  of  indemnities  allowed  or  due  the  owner  for  insurance 
on  the  property  mortgaged,  or  by  virtue  of  condemnation  by  right  of 
eminent  domain. 

Art.  111.  In  accordance  with  the  provisions  of  the  preceding  article, 
the  following  shall  be  considered  mortgaged  together  with  the  estate, 
provided  they  belong  to  the  owner  of  the  estate,  although  they  are  not 
mentioned  in  the  contract: 

1.  Chattels  permanently  located  in  a  building,  either  useful  or  orna- 
mental, or  for  the  service  of  some  industry,  even  though  they  were 
placed  there  after  the  creation  of  the  mortgage. 

2.  Improvements  consisting  of  new  plantings,  works  of  irrigation 
and  drainage,  repairs,  works  for  safety  or  alterations,  comfort,  orna- 
mentation or  raising  of  buildings,  and  any  other  similar  works,  which 
do  not  consist  of  additions  to  the  land,  except  natural  accretions,  or 
in  the  new  construction  of  buildings,  where  previously  none  existed. 

3.  Crops,  which  at  the  time  the  obligation  falls  due,  are  growing  on 
the  trees  and  plants,  or  have  already  been  harvested,  but  not  yet 
removed  or  warehoused. 

4.  Eents  due  and  not  yet  paid,  whatever  may  be  the  reason  they 
have  not  been  collected,  and  such  as  shall  have  to  be  paid  until  the 
creditor  has  recovered  his  whole  credit. 

5.  Indemnities  awarded  or  due  the  owner  of  the  mortgaged  realty, 
either  for  the  insurance  thereof  or  for  the  crops,  provided  the  damage 
occurred  after  the  creation  of  the  mortgage,  or  on  account  of  condem- 
nation of  the  laud  by  the  right  of  eminent  domain. 

Art.  112.  When  the  mortgaged  estate  passes  into  the  hands  of  a 
third  party,  the  mortgage  shall  not  extend  to  the  chattels  permanently 
located  in  the  buildings,  nor  to  the  improvements  which  do  not  consist 
in  repairs,  works  for  security  or  alterations,  provided  the  costs  thereof 
have  been  defrayed  by  the  new  owner,  nor  to  growing  crops  and  rents 
due,  which  are  the  property  of  the  latter. 

If  some  portion  of  the  ground  of  an  estate  encumbered  by  prior 
mortgages  passes  into  the  hands  of  a  third  person,  and  it  appears  by 
the  Registry  that  it  does  not  contain  any  machinery,  chattel,  object,  or 
construction  of  any  kind,  said  portion  of  the  estate  shall  continue  sub- 
ject to  prior  mortgages  on  the  estate;  but  the  third  person  may  remove, 
whenever  it  is  convenient  for  him  to  do  so,  any  machinery,  object,  chat- 
tel, or  construction  which  he  may  have  brought  or  placed  there,  accord- 
ing to  the  circumstances,  judicial  proceedings  against  such  additions 
being  prohibited,  and  it  not  being  lawful,  when  the  estate  and  the  por- 
tion sold  is  attached  or  sold  at  a  public  sale  by  other  previous  creditors 
of  record,  to  demand  the  retention  of  such  additions,  whatever  may  be 


33 

their  character.    Prior  mortgagees  shall  be  notified  of  the  record  of  the 
sale. 

Art.  113.  The  owner  of  the  accessions  or  improvements  which  are 
not  considered  mortgaged  according  to  the  provisions  of  the  first  para- 
graph of  the  preceding  article,  may  demand  their  value  or  retain  the 
objects  of  which  they  consist,  if  this  can  be  done  without  depreciating 
the  value  of  the  rest  of  the  property ;  but  in  the  former  case  he  can  not 
prevent  the  fulfillment  of  the  principal  obligation  under  the  pretext 
of  enforcing  his  right,  being  obliged  to  recover  what  is  due  him  for  the 
price  of  the  property  itself  when  it  is  conveyed  for  the  payment  of  the 
debt. 

Art.  114.  A  mortgage  created  in  favor  of  an  interest-paying  debt 
shall  secure  to  the  prejudice  of  third  persons,  besides  the  capital,  only 
the  interest  for  the  two  years  last  past  and  such  part  as  is  due  for  the 
current  year. 

Art.  115.  After  three  years  have  elapsed  from  the  time  the  loan  began 
to  accumulate  interest  which  remains  unpaid,  the  creditor  may  demand 
that  the  mortgage  created  be  enlarged  on  the  same  mortgaged  prop- 
erty, for  the  purpose  of  securing  the  interest  corresponding  to  the  first 
of  said  years,  but  only  in  case  the  obligation  to  pay  part  of  the  interest 
is  past  due  and  the  debtor  has  failed  to  satisfy  it. 

If  the  creditor  makes  use  of  his  right  after  said  three  years  have 
elapsed,  he  may  demand  that  a  mortgage  be  extended  to  cover  all  the 
interest  which  at  the  time  of  said  extension  was  not  covered  by  the  first 
mortgage ;  but  this  can  in  no  case  prejudice  a  mortgage  created  in  favor 
of  a  person  who  had  previously  and  after  the  two  years  acquired  an 
interest  in  the  mortgaged  property. 

Should  the  debtor  not  consent  to  said  mortgage  extension  the  credi- 
tor may  demand  it  in  a  declaratory  action  and  have  a  cautionary  notice 
of  the  alleged  claim  entered. 

Art.  11G.  If  the  mortgaged  estate  does  not  belong  to  the  debtor,  the 
creditor  can  not  demand  that  the  extension  of  the  mortgage  mentioned 
in  the  preceding  article  be  created;  but  he  has  the  same  right  of  action 
with  regard  to  the  other  real  property  which  the  said  debtor  possesses, 
and  which  he  can  mortgage. 

Art.  117.  The  creditor,  in  case  of  annuities  (ceusos)  in  arrears,  can 
not  proceed  against  the  estate  thus  encumbered  by  the  annuity  (censo) 
to  the  prejudice  of  another  mortgagee  or  subsequent  annuitant,  except 
in  the  manner  and  with  the  restrictions  mentioned  in  articles  111  and 
115;  but  he  may  demand  a  mortgage  in  those  cases,  and  with  the  limi- 
tations which  a  mortgagee  has  a  right  to,  according  to  the  preceding 
article,  whoever  may  be  the  owner  of  the  estate  encumbered  by  the 
annuity  (censo). 

Art.  118.  When  an  estate  on  which  an  emphyteusis  has  been  given 
has  incurred  forfeiture  according  to  the  laws,  it  shall  pass  into  the  hands 
of  the  immediate  owner  of  the  property,  with  the  mortgages  or  incum- 
10539 3 


34 

brances  on  the  realty,  constituted  by  the  grantor  of  the  emphyteusis, 
but  all  interests  of  said  immediate  owner  being  reserved  at  all  times. 

Art.  119.  When  several  estates  are  mortgaged  together  to  satisfy 
one  debt  only,  the  sum  or  portion  of  the  incumbrance  for  which  each 
estate  is  to  be  responsible  shall  be  determined. 

Art.  120.  After  the  portion  of  the  debt  for  which  each  mortgaged 
estate  must  be  responsible  is  entered  in  the  record,  they  can  not  be  pro- 
ceeded against  to  the  prejudice  of  third  persons,  except  for  the  amount 
for  which  they  are  respectively  responsible  and  the  corresponding 
interest  in  accordance  with  the  provisions  contained  in  preceding 
articles. 

Art.  121.  The  provisions  of  the  preceding  article  shall  not  be  under- 
stood as  prejudicing  the  rights  of  the  creditor,  if  the  mortgage  does 
not  satisfy  the  total  amount  of  the  debt,  to  proceed  to  recover  the 
difference  against  the  other  mortgaged  property  which  the  debtor  still 
owns,  but  without  preference  as  to  said  difference  over  those  who  may 
have  acquired  some  real  interest  in  the  property  after  the  mortgage  was 
recorded. 

Art.  122.  The  mortgage  shall  continue  intact  as  long  as  it  is  not  can- 
celed on  all  the  property  mortgaged,  even  if  the  obligation  secured  is 
reduced,  and  on  any  other  portion  of  the  same  property  which  is 
retained,  although  the  remainder  has  disappeared,  but  without  preju- 
dice to  the  provisions  contained  in  the  following  two  articles. 

Art.  123.  If  a  mortgaged  estate  is  divided  into  two  or  more  parts, 
the  mortgage  debt  shall  not  be  distributed  among  them  unless  the  cred- 
itor and  the  debtor  voluntarily  agree  to  do  so.  If  this  distribution  does 
not  take  place,  the  creditor  may  proceed  for  the  whole  of  the  sum  guar- 
anteed against  any  of  the  new  estates  into  which  the  first  one  was 
divided,  or  against  all  of  them  simultaneously. 

Art.  124.  If  a  mortgage  created  for  the  security  of  a  debt  is  distrib- 
uted among  various  estates  and  the  portion  of  the  debt  which  is  due 
from  any  of  the  estates  has  been  paid,  the  interested  party  may  demand 
a  partial  cancellation  of  the  mortgage  with  regard  to  said  estate.  If  the 
portion  of  the  debt  paid  has  been  applied  to  the  discharge  of  one  or 
the  other  of  the  encumbered  estates,  not  being  less  than  the  sum  for 
which  each  is  responsible,  the  debtor  may  select  the  one  which  is  to  be 
redeemed. 

Art.  125.  If  there  is  only  one  estate  mortgaged,  or  being  several  and 
the  responsibility  of  each  one  is  not  stated  on  account  of  the  occur- 
rence of  the  case  mentioned  in  article  123,  the  discharge  can  not  be 
demanded  of  any  portion  of  the  mortgaged  property,  no  matter  what 
portion  of  the  debt  has  been  satisfied  by  the  debtor. 

In  the  case  of  one  or  several  estates  being  encumbered  by  mortgage 
debts  of  various  creditors,  and  they  are  sold  or  awarded  for  the  pay- 
ment of  the  first  creditor  in  such  manner  that  the  value  of  what  is  sold 
or  awarded  does  not  equal  or  exceed  the  mortgage  debt  which  is  liqui- 


35 

dated,  the  remaining  debts  shall  be,  by  act  and  right,  considered  can- 
celed, and  will  therefore  be  canceled  in  the  registry  after  the  proper 
order  of  the  court  for  the  sale  or  award,  and  the  reasons  therefor  are 
filed  referring  to  the  instrument  which  created  the  solvency  of  the  pre- 
ferred debt,  all  subsequent  records  of  annuities  (censos)  or  mortgages 
and  records  of  attachment  also  made  subsequently,  thus  leaving  the 
estate  or  estates  which  have  been  conveyed  or  awarded  free  from  all 
incumbrances. 

This  shall  be  without  prejudice  to  other  rights  and  actions  which  the 
remaining  creditors  may  exercise  against  the  debtor  in  accordance 
with  the  laws. 

Art.  126.  A  mortgage  created  by  a  person  who  has  no  right  to  do  so, 
according  to  the  Eegistry,  shall  not  be  valid,  even  if  the  mortgagor 
subsequently  acquires  said  right. 

Art.  127.  In  the  mortgage  shall  appear  the  value  of  the  estate  as 
appraised  by  the  contracting  parties,  which  shall  serve  as  a  basis  for  the 
only  judicial  sale  which  can  take  place,  if  the  period  of  the  loan  having 
expired,  it  does  not  appear  in  the  Registry  of  property  that  said  loan 
has  been  paid. 

Art.  128.  The  judicial  procedure  before  the  public  sale  shall  consist 
in  the  presentation,  by  the  creditor,  of  a  document  to  the  court  of  com- 
petent jurisdiction  in  the  place  in  which  the  property  is  situated, 
accompanied  by  the  instrument  constituting  the  debt,  with  a  note  of 
the  record,  and  a  certificate  from  the  Register  of  property  testifying 
that  the  mortgage  lien  does  not  appear  canceled  in  his  books  at  the  end 
of  said  period. 

Payment  shall  be  demanded  of  the  debtor  if  he  resides  in  the  place  in 
which  the  estate  is  situated,  or  if  his  domicile  is  known ;  otherwise  it 
shall  be  sufficient  to  notify  the  person  in  charge  of  the  estate  in  any 
legal  capacity,  so  that  he  may  inform  the  owner  of  the  demand. 

Thirty  days  after  this  demand  the  orders  shall  be  published  in  the 
Gazette  (Gaceta)  of  the  proper  island,  stating  the  condition  of  the  title 
deeds,  the  public  sale  taking  place  twenty  days  after  said  publication. 
If  there  is  no  bidder  the  claimant  may  demand  that  the  property  be 
awarded  to  him,  being  responsible  for  all  prior  liens,  if  there  be  any. 

When  an  estate  is  sold  at  public  auction  at  the  instance  of  a  second 
or  subsequent  mortgagee,  or  common  creditors,  the  sale  shall  be  declared 
null  and  void  if  a  sullicient  sum  is  not  offered  to  cover  all  previously 
recorded  debts,  including  the  interest  which  it  appears  is  stipulated 
according  to  the  Registry.  Any  subsequent  sales  which  they  may  deem 
advisable  may  take  place  at  the  cost  of  the  claimants,  providing  they 
prove  by  a  certificate  from  the  Registry  that  they  have  not  as  yet  been 
paid. 

The  estate  proceeded  against  shall  not  be  responsible  for  any  costs 
which  may  be  incurred,  if  the  amount  indispensable  for  this  purpose 
is  not  entered  in  the  Registry. 


36 

In  the  regulations  for  the  execution  of  this  law,  the  other  details  for 
this  summary  proceeding  shall  be  determined. 

Art.  129.  If,  before  the  creditor  collects  his  interests  in  the  mort- 
gaged estate  it  should  pass  into  the  hands  of  a  third  person,  all  the 
measures  prescribed  in  the  preceding  article  shall  have  to  be  instituted 
against  the  latter,  who  is  subrogated  to  the  person  of  the  debtor. 

Art.  130.  The  provisions  of  the  two  preceding  articles  may  also  be 
applied  to  the  case  when  an  installment  of  the  principal  or  interest  has 
not  been  paid,  due  at  different  periods,  if  one  of  them  lapses  without 
the  debtor  fulfilling  his  obligation,  provided  said  stipulation  is  recorded 
in  the  Registry. 

Art.  131.  If  for  the  payment  of  one  of  the  installments  of  the  capital 
or  interest  it  should  be  necessary  to  convey  the  mortgaged  estate,  and 
other  installments  of  the  obligation  shall  still  remain  due,  the  sale  shall 
take  place,  and  the  estate  shall  be  transferred  to  the  purchaser  with 
the  proper  mortgage  for  the  portion  of  the  debt  which  has  not  yet  been 
satisfied,  which  portion  with  the  interest  will  be  deducted  from  the 
price. 

If  the  purchaser  does  not  desire  the  estate  with  this  lien,  the  value 
thereof  with  the  proper  interest  shall  be  deposited,  to  be  paid  to  the 
creditor  when  the  pending  payments  fall  due. 

Art.  132.  A  person  who  either  may  have  acquired  only  the  use  or 
some  interest  in  the  mortgaged  estate,  or  the  title  or  direct  ownership 
of  the  property,  the  correlative  interest  remaining  in  the  debtor  shall  be 
considered  a  third  party  in  interest,  for  all  the  purposes  of  article  129. 
If  there  should  be  more  than  a  third  party  in  interest,  because  one  per- 
son had  the  title  or  direct  ownership  and  another  the  use  of,  or  some 
interest  in,  the  mortgaged  estate,  the  summons  shall  be  served  on  the 
person  in  charge  of  the  estate. 

Art.  j33.  In  no  case  shall  the  summary  proceedings  be  suspended,  on 
account  of  the  objections  of  a  third  person,  if  they  are  not  founded  on 
a  deed  which  has  been  previously  recorded,  nor  by  the  death  of  the 
debtor,  nor  that  of  the  third  party  owning  the  estate,  nor  by  a  declara- 
tion of  bankruptcy,  nor  by  the  general  assignment  proceedings  of  cred- 
itors against  any  of  them. 

Art.  134.  A  foreclosure  shall  be  prescribed  after  twenty  years,  com- 
puted from  the  time  when  such  action  could  have  been  instituted,  in 
accordance  with  the  recorded  deed. 

Art.  135.  Mortgages  legally  created  on  property  which  hereafter 
can  not  be  mortgaged  in  accordance  with  this  law,  shall  be  governed, 
during  the  time  they  are  in  force,  by  the  previous  legislation. 

Art.  136.  Records  and  cancellations  of  mortgages  shall  be  made  in 
accordance  with  the  regulations  established  in  titles  2  and  4,  for  rec- 
ords and  cancellations  in  general,  without  prejudice  to  the  special  pro- 
visions contained  in  this  titl-e. 

Art.  137.  Mortgages  are  voluntary  or  legal. 


37 
Section  2. —  Voluntary  mortgages. 

Art.  138.  Voluntary  mortgages  are  mortgages  which  are  agreed  to 
between  parties,  or  constituted  by  the  will  of  the  owner  of  the  property 
on  which  they  are  created. 

Art.  139.  Voluntary  mortgages  may  only  be  created  by  persons  who 
have  the  free  disposition  of  their  property,  or.  incase  they  should  not 
have  it,  if  they  are  authorized  to  do  so  in  accordance  with  the  laws. 

Art.  140.  Persons  who,  in  accordance  with  the  provisions  of  the  pre- 
ceding Article,  are  authorized  to  create  voluntary  mortgages  may  do 
so  personally,  or  through  an  agent  having  a  special  power  of  attorney 
to  contract  this  class  of  obligations,  executed  before  a  Notary  Public. 

Art.  141.  A  mortgage  made  by  a  third  person  without  sufficient 
power,  may  be  ratified  by  the  owner  of  the  mortgaged  property;  but 
this  shall  only  be  effectual  from  the  date  of  the  new  record,  by  which  the 
error  committed  is  rectified. 

Art.  142.  A  mortgage  created  for  the  security  of  a  future  obligation 
subject  to  recorded  conditions  subsequent,  shall  be  effectual  against 
third  parties  from  the  date  of  record,  if  the  obligation  is  finally  con- 
tracted or  the  condition  fulfilled. 

If  the  obligation  secured  is  subject  to  a  recorded  condition  subse- 
quent, the  mortgage  shall  be  effectual  as  to  third  persons  until  it  appears 
from  the  Eegistry  that  the  condition  has  been  fulfilled. 

Art.  143.  When  the  future  obligation  has  been  contracted,  or  the 
condition  subsequent  mentioned  in  the  preceding  Article  is  fulfilled, 
the  interested  parties  must  record  it  by  means  of  a  marginal  note  in 
the  mortgage  record,  without  which  requisite  the  mortgage  created 
can  not  benefit  nor  prejudice  third  persons. 

In  the  same  manner  they  must  enter  the  nonfufillment  of  the  condi- 
tion or  of  the  obligation. 

Art.  144.  Any  act  or  agreement  between  the  parties  which  might 
modify  or  destroy  the  efficacy  of  a  prior  mortgage  debt,  such  as  pay- 
ment, compensation,  extension  of  time,  a  contract  or  promise  not  to 
demand,  the  novation  of  the  original  contract,  or  a  settlement  or  com- 
promise, shall  not  be  effectual  against  third  persons  unless  it  is  entered 
in  the  Eegistry  by  means  of  a  new  record,  by  a  partial  or  total  cancel- 
lation, or  by  a  marginal  note,  according  to  the  particular  cases. 

Art.  145.  The  interest  on  the  loan  shall  not  be  considered  secured 
with  the  mortgage  in  the  manner  prescribed  by  Article  114  unless  the 
stipulation  and  amount  of  said  interest  appear  in  the  same  record. 

Art.  146.  In  order  that  voluntary  mortgages  may  be  legally  created 
in  a  valid  manner,  it  is  necessary: 

1.  That  they  were  agreed  to  or  constituted  by  a  public  instrument. 

2.  That  the  instrument  is  recorded  in  the  Eegistry  established  by 
this  law. 

Art.  147.  A  mortgagee  may  proceed  against  the  property  mortgaged 
for  the  payment  of  tin-  interest  due.  no  matter  at  what  period  the  prin- 
cipal is  to  be  paid:  but  if  a  third  person,  whom  the  proceedings  could 


38 

injure,  is  interested  in  said  property,  the  sum  demanded  can  not  exceed 
that  due  and  not  paid  for  the  interest  for  the  two  years  last  past  and 
the  part  due  for  the  current  year. 

Art.  148.  Such  part  of  the  interest  which  the  creditor  can  not 
demand  in  a  foreclosure  suit,  he  may  claim  in  a  personal  action,  being 
considered  with  regard  thereto  if  there  be  general  assignment  pro- 
ceedings, as  a  creditor  protected  by  a  public  instrument  (acreedor 
escriturario). 

Art.  149.  Records  of  voluntary  mortgages  can  only  be  canceled  in 
the  manner  prescribed  by  Article  82.  If  the  persons  who  should  make 
the  cancellation  oppose  it,  it  may  be  decreed  by  the  Court. 

Art.  150.  When  an  annuity  (censo)  encumbered  with  a  mortgage  is 
redeemed,  the  mortgagee  shall  have  a  right  to  demand  of  the  redeemer 
that  he  either  pay  his  debt  entirely,  including  the  interest  due  and  to 
become  due,  or  that  he  recognize  the  mortgage  on  the  estate  encum- 
bered by  the  annuity  (censo). 

Art.  151.  In  the  latter  case  of  the  preceding  Article,  a  new  record 
of  the  mortgage  shall  be  made,  which  shall  clearly  express  its  recogni- 
tion by  the  redeemer,  which  shall  be  effectual  from  the  date  of  the 
previous  record. 

Art.  152.  A  mortgage  credit  may  be  conveyed  or  assigned  to  a  third 
person  totally  or  partially,  provided  it  is  effected  by  means  of  a  public 
instrument,  notice  of  which  is  given  to  the  debtor,  and  that  it  is 
recorded  in  the  Registry. 

The  debtor  shall  not  be  bound  by  said  contract  to  any  greater  extent 
than  he  was  by  his  own. 

The  assignee  shall  be  subrogated  to  all  the  rights  of  the  assignor. 

Art.  153.  In  a  mortgage  created  to  guarantee  negotiable  obligations 
or  deeds  to  bearer,  when  the  mortgage  interest  is  alienated  or  assigned, 
it  shall  be  understood  that  the  latter  is  transferred  together  with  the 
obligation  or  with  the  deed,  it  being  unnecessary  to  give  notice  thereof 
to  the  debtor,  or  to  record  the  transfer  in  the  Registry. 

Art.  154.  If,  in  the  cases  where  it  is  necessary,  a  notice  to  the  debtor 
of  the  assignment  of  the  mortgage  debt  is  omitted,  the  assignor  shall 
be  responsible  for  any  damage  which  the  assignee  may  suffer  in  conse- 
quence of  this  omission. 

Art.  155.  The  interests  or  debts  secured  by  a  legal  mortgage  can 
not  be  assigned  until  the  time  they  are  due,  and  the  persons  in  whose 
names  they  stand,  have  the  legal  capacity  to  convey  them. 

Art.  150.  A  mortgage  shall  be  effectual  with  regard  to  third  parties 
until  the  record  is  cauceled. 

Section  3. — Legal  mortgages. 

Art.  157.  Only  those  established  in  Article  108  are  legal  mortgages. 

Art.  158.  The  persons  in  whose  favor  this  law  creates  legal  mort- 
gages shall  have  no  other  right  to  demand  the  creation  of  a  special 
mortgage  sufficient  to  secure  their  interest. 


39 

Art.  159.  To  constitute  a  legal  mortgage  it  is  necessary  that  the 
document,  by  virtue  of  which  it  was  created,  has  been  recorded. 

Art.  160.  The  persons  in  whose  favor  this  law  establishes  legal 
mortgages  may  demand  the  constitution  of  a  special  mortgage  on  airy 
real  property  or  property  rights  possessed  by  the  person  who  is  obliged 
to  make  it,  always  provided  it  is  mortgageable  under  this  law. 

They  may  also  demand  this  mortgage  at  any  time,  even  though  if 
the  reason  on  which  it  was  founded  has  ceased,  such  as  marriage, 
guardianship,  minority,  or  administration,  provided  the  obligation 
which  was  to  be  secured  is  not  fulfilled. 

Art.  161.  After  a  legal  mortgage  has  once  been  created  and  recorded 
it  has  the  same  effect  as  a  voluntary  mortgage  without  any  other 
exceptions  than  those  expressly  specified  in  this  law,  whoever  may  be 
the  person  who  is  to  exercise  the  rights  conferred  by  said  mortgage. 

Art.  162.  If  several  estates  are  offered  for  the  creation  of  a  legal 
mortgage,  and  the  interested  persons  do  not  agree  to  the  amount  which 
is  to  be  secured  by  each,  the  Judge  or  Court  shall  decide  in  accordance 
with  Article  119,  after  a  report  of  experts. 

The  Judge  or  Court  shall  decide  in  the  same  manner  questions  arising 
among  the  interested  parties  as  to  the  sufficiency  of  the  estate  offered 
for  the  creation  of  any  legal  mortgage. 

Art.  163.  Whenever  the  recorded  legal  mortgages  become  insuffi- 
cient, the  persons  who,  according  to  this  law,  have  either  the  right  or 
obligation  to  do  so,  may  request  the  right  or  must  demand  the  obliga- 
tion of  their  sufficiency  or  amplification. 

Art.  161.  Recorded  legal  mortgages  shall  remain  in  force  until  the 
rights  for  the  security  of  which  they  were  created  have  been  extin- 
guished, and  they  shall  be  canceled  in  the  same  manner  as  voluntary 
mortgages. 

Art.  165.  To  judicially  constitute  or  amplify  any  legal  mortgage  at 
the  instance  of  a  litigant,  the  procedure  shall  be  in  accordance  with 
the  following  rules : 

1.  Any  person,  who  has  a  right  to  demand  it,  shall  present  a  petition 
to  the  Judge  or  Court  of  the  domicile  of  the  person  compelled  to  grant 
it,  requesting  that  the  mortgage  be  constituted,  stating  the  amount  for 
which  it  should  be  created,  and  stating  what  property  may  be  thus 
encumbered,  or  at  least  indicating  the  Registry  which  should  contain 
the  record  of  the  property  which  said  person  owns. 

2.  This  petition  must  necessarily  be  accompanied  by  the  deed  or  doc- 
ument giving  rise  to  the  right  to  a  legal  mortgage,  and,  if  possible,  a 
certificate  from  the  Register  in  which  shall  be  stated  all  the  mortgagable 
property  owned  by  the  defendant. 

3.  The  Judge  or  Court  shall,  in  view  of  these  papers,  order  to  appear 
before  it  all  the  persons  interested  in  the  creation  of  the  mortgage,  so 
that  they  can  agree,  if  it  be  possible,  as  to  the  manner  of  constituting  it. 

4.  Should  they  come  to  an  agreement,  the  Judge  or  Court  shall  order 
the  mortgage  created  in  the  manner  agreed  upon. 


40 

5.  Should  they  fail  to  agree,  either  as  to  the  obligation  to  mortgage, 
or  as  to  the  amount  which  is  to  be  secured,  or  as  to  the  sufficiency  of 
the  mortgage  offered,  a  copy  of  the  petition  shall  be  given  the  defendant, 
and  the  proceedings  shall  follow  the  course  established  for  such  cases 
in  Articles  732  to  744  of  the  Law  of  Civil  Procedure  in  force  in  the 
Philippines,  and  748  to  760  of  that  in  force  in  the  Antilles. 

Art.  1G0.  In  cases  where  the  Judge  or  Court  must  proceed,  by  rea- 
son of  a  duty  imposed,  to  demand  the  constitution  of  a  legal  mortgage, 
he  shall  order  the  proper  Eegister  to  send  him  the  certificate  mentioned 
in  Rule  No.  2  of  the  preceding  Article;  in  accordance  thereto  he  shall 
order  the  person  obligated  to  constitute  the  mortgage  to  appear  before 
him,  and  with  his  consent  and  that  of  the  Department  of  Public  Prose- 
cution he  shall  continue  the  proceedings  in  the  manner  prescribed. 

Art.  107.  The  provisions  contained  in  the  two  preceding  Articles 
shall  be  understood  without  prejudice  to  the  Regulations  established 
for  mortgages  given  to  secure  property,  which  is  to  be  set  apart,  and 
the  bonds  of  guardians,  and  shall  not  be  applicable  to  a  legal  mortgage 
in  favor  of  the  State,  provinces,  or  towns,  except  when  the  administra- 
tive regulations  do  not  establish  any  other  procedure  by  which  they 
maybe  demanded. 

Art.  1G8.  A  legal  mortgage  shall  be  made : 

1.  In  favor  of  married  women  on  the  property  of  their  husbands: 
For  the  dowry  which  may  have  been  formally  delivered  to  them  in 

the  presence  of  a  notary; 

For  gifts  which  said  husbands  may  have  offered  them  within  the 
limits  of  the  law; 

For  the  personal  property,  in  addition  to  the  dowry,  which  the  wives 
may  have  brought  with  them  on  their  marriage,  which,  with  the  same 
formalities,  they  may  have  delivered  to  their  husbands; 

For  any  other  property  that  the  wives  may  Lave  brought  on  their 
marriage  and  delivered  to  their  husbands  with  the  same  formalities. 

2.  In  favor  of  the  relatives  referred  to  in  Article  811  of  the  Civil 
Code,  on  the  property  of  the  person  who  shall  have  the  duty  to  do  so, 
for  the  property  which  said  article  declares  subject  to  be  set  apart; 
and  in  favor  of  the  children,  on  the  estates  of  their  parents,  for  those 
which  the  latter  must  set  apart  for  them  according  to  the  law,  and  for 
those  which  belong  to  said  children  while  they  are  minors  in  charge  of 
the  father  or  mother,  in  case  the  latter  should  remarry. 

3.  In  favor  of  the  heirs  of  the  deceased  spouse  on  the  property  of  the 
surviving  one,  for  the  share  of  the  inheritance,  the  use  of  which  the  lat- 
ter has  a  right  to  enjoy  according  to  law,  in  case  specific  property 
passes  into  his  or  her  possession  for  this  purpose,  in  case  of  remarriage. 

4.  In  favor  of  minors  or  incapacitated  persons  on  the  property  oi 
their  guardians,  for  the  amount  the  latter  may  have  received  from  them 
and  for  the  responsibility  they  incur,  unless  they  give  a  bond  for 
security  instead  of  a  mortgage  bond. 


41 

5.  In  favor  of  the  State,  provinces,  or  towns,  on  the  property  of  per- 
sons making  contracts  with  them  or  administering  their  interests,  for 
the  liabilities  which  they  incur  in  accordance  with  the  law;  ou  the 
property  of  taxpayers  for  the  amount  of  an  annual  tax  thereon,  which 
has  fallen  due  and  has  not  been  paid. 

6.  In  favor  of  underwriters  on  property  insured,  for  the  insurance 
premiums  for  two  years;  and  if  the  insurance  is  based  on  the  mutual 
system,  for  the  last  two  assessments  which  may  have  been  declared. 

DOWRY   MORTGAGES. 

Art.  109.  The  married  woman  in  whose  favor  this  law  established 
the  legal  mortgage  shall  have  a  right  to  demand: 

1.  That  the  husband  mortgage  and  record  in  the  Registry  in  her 
name,  all  the  real  property  and  property  rights  which  he  may  have 
received  as  appraised  dowry  or  with  the  obligation  of  returning  their 
value. 

2.  That  all  the  other  property  which  the  husband  receives  unap- 
prised and  which  he  must  return,  in  a  proper  case,  be  recorded  in  the 
Registry,  if  it  has  not  already  been  done,  as  dowry,  or  personal  prop- 
erty in  addition  to  the  dowry,  or  by  whatever  legal  designation  it  may 
have. 

3.  That  the  husband  secure,  by  means  of  a  special  sufficient  mort- 
gage, all  other  property  not  embraced  in  the  preceding  paragraphs, 
and  which  is  delivered  to  him  by  reason  of  the  marriage. 

Art.  170.  The  dowry  admitted  by  the  husband,  the  delivery  of 
which  is  not  certified  to  or  only  appears  from  a  private  document,  shall 
have  no  other  effect  than  that  of  a  personal  obligation. 

Art.  171.  Notwithstanding  the  provisions  of  the  preceding  article, 
a  woman  who  may  have  a  dowry  acknowledged  in  her  favor  by  the 
husband,  before  the  celebration  of  the  marriage,  or  within  the  first 
year  thereafter,  may  at  any  time  demand  that  the  husband  secure  it 
by  a  mortgage  in  her  favor,  provided  she  legally  proves  the  existence 
of  the  dowry  property  or  other  similar  or  equivalent  property  at  the 
time  of  alleging  her  claim. 

Art.  172.  The  real  property  or  property  rights  which  are  delivered 
as  an  appraised  dowry  shall  be  recorded  in  the  Registry  of  Property  in 
the  name  of  the  husband  in  the  same  manner  as  any  other  acquisition 
of  ownership,  stating  besides,  in  the  record  the  amount  of  the  dowry 
of  which  said  property  forms  part,  the  amount  at  which  it  was 
appraised,  and  the  dowry  mortgage  created  thereon,  provided  the 
husband  does  not  mortgage  other  property  sufficient  to  secure  the 
appraised  value  of  the  former. 

Art.  173.  If  the  woman  has  recorded  in  her  name  the  real  property 
which  is  to  constitute  the  unappraised  dowry,  or  the  personal  property 
in  addition  to  the  dowry,  which  she  delivers  to  her  husband,  the  proper 
character  of  either  property  shall  be  described  in  the  Registry,  a  mar- 
ginal note  for  this  purpose  being  entered  on  said  record  of  the  property. 


42 

Should  said  property  not  be  recorded  in  the  name  of  the  wife,  it 
shall  be  entered  in  the  usual  form,  stating  in  the  record  whether  it  is  a 
dowry,  or  personal  property  in  addition  to  the  dowry. 

Art.  174.  When  on  recording  appraised  dowry  property  in  the  name 
of  the  husband,  the  Register  is  obliged  to  enter  the  mortgage  in  favor 
of  the  wife,  and  the  deed  which  is  presented  be  not  sufficient  for  this 
purpose,  he  shall  suspend  the  record  and  enter  the  necessary  cautionary 
notice. 

Art.  175.  The  legal  mortgage  created  by  the  husband  in  favor  of  the 
wife  shall  guarantee  the  restitution  of  the  property  or  its  appraised 
value  only  in  case  such  restitution  takes  place  in  accordance  with  the 
laws  and  with  the  limitations  prescribed  therein ;  and  it  shall  cease  to 
have  effect,  and  may  be  canceled  whenever  for  any  legal  cause  the  hus- 
band is  exempted  from  the  obligation  to  restore  it. 

Art.  176.  The  sum  which  must  be  secured  by  virtue  of  an  appraised 
dowry  shall  in  no  case  exceed  the  value  of  its  appraisement;  and  if  the 
value  of  said  dowry  is  reduced  because  it  exceeds  the  sum  permitted  by 
law,  the  mortgage  shall  likewise  be  reduced  in  the  same  proportion, 
after  the  proper  partial  cancellation  has  been  made. 

Art.  177.  When  an  unappraised  dowry  is  created  on  property  other 
than  real,  it  shall  be  appraised  for  the  sole  purpose  of  fixing  the  amount 
that  the  mortgage  is  to  secure,  in  case  said  property  does  not  exist  at 
the  time  it  should  be  restored,  the  dowry  not  losing  thereby  its  char- 
acter of  being  unappraised,  if  it  was  thus  qualified  in  the  dowry  deed. 

Art.  178.  A  mortgage  to  secure  gifts  by  reason  of  marriage,  shall 
only  be  made  should  they  be  offered  by  the  husband  as  increasing  the 
dowry.  If  they  are  offered  without  this  requisite  they  shall  constitute 
a  personal  obligation,  the  husband  having  the  option  of  securing  them 
by  mortgage  or  not. 

Art.  179.  The  husband  is  not  obliged  to  create  a  mortgage  for  the 
personal  property  in  addition  to  the  dowry  of  his  wife,  unless  the  latter 
is  conveyed  to  him  for  his  administration  by  a  public  instrument  properly 
executed  before  a  Notary. 

Art.  180.  To  constitute  the  mortgage  referred  to  in  the  preceding 
Article,  the  property  shall  be  appraised  or  its  value  fixed  by  those  who, 
according  to  this  law,  have  a  right  to  demand  it  and  to  determine  its 
sufficiency. 

Art.  181.  Property  brought  in  marriage,  for  the  effects  of  the  last 
paragraph  of  number  1  of  Article  108,  shall  be  understood  to  be  such 
property  which  in  any  matter  whatsoever,  in  accordance  with  local  cus- 
toms, the  wife  brings  to  the  conjugal  partnership,  provided  it  is  con- 
veyed to  the  husband  by  means  of  a  public  instrument  properly  executed 
before  a  Notary  for  his  administration,  either  by  appraisement  in  view 
of  its  sale,  or  with  the  obligation  of  keeping  it  or  returning  it  on  the 
dissolution  of  the  marriage. 

When  the  delivery  of  the  property  mentioned  in  the  preceding  para- 
graph appears  only  by  the  acknowledgment  of  the  husband,  the  crea- 


43 

tion  of  a  dowry  mortgage  can  not  be  demanded,  except  in  the  cases 
and  manner  prescribed  by  Article  171. 

Art.  181'.  A  married  woman  who  is  of  age  may  herself  demand 
the  creation  of  the  mortgage  and  record  of  property  mentioned  in 
Article  109. 

If  she  has  not  as  yet  contracted  the  marriage,  or  if  she  has  done  so 
and  is  a  minor,  said  right  shall  be  exercised  in  her  name  and  the  suifi- 
ciency  of  the  mortgage  created  shall  be  determined  by  the  father,  the 
mother,  or  the  person  who  gives  the  dowry,  or  the  property  which 
should  be  secured. 

Art.  183.  In  default  of  the  persons  mentioned  in  the  preceding  arti- 
cle, and  the  woman  being  a  minor,  whether  married  or  single,  the 
extension  of  these  rights  must  be  demanded  by  the  guardian,  his  sub- 
stitute, the  family  council,  or  any  of  its  members. 

Art.  184.  If  the  guardian  or  his  substitute,  or  the  family  council  do 
not  demand  the  creation  of  the  mortgage,  it  shall  be  the  duty  of  the 
Public  Prosecutor  to  demand,  or  at  the  instance  of  any  person,  a 
demand  may  be  made,  to  compel  the  husband  to  execute  the  same. 

Art.  185.  Municipal  judges  shall  also  have  the  obligation  of  inducing 
the  Department  of  Public  Prosecution  to  see  that  the  provisions  of 
the  preceding  Article  are  complied  with. 

Art.  186.  If  the  husband  does  not  possess  any  property  with  which 
to  create  the  mortgage  mentioned  in  number  3  of  Article  169,  he  must 
create  it  on  the  first  realty  or  property  rights  he  may  acquire;  but  this 
obligation  can  not  prejudice  a  third  person  until  the  mortgage  is 
recorded. 

Art.  187.  When  the  dowry  consists  of  rents  or  perpetual  annuities, 
and  they  are  alienated,  their  restitution  shall  be  secured  by  creating  a 
mortgage  for  the  principal  represented  by  said  rents  or  annuities  capi- 
talized at  the  legal  rate  of  interest. 

Art.  188.  If  the  annuities  referred  to  in  the  preceding  Article  are  of 
a  temporary  character  and  could  or  should  continue  after  the  dissolu- 
tion of  the  marriage,  a  mortgage  shall  be  created  for  the  amount  agreed 
to  between  the  husband  and  wife,  and,  should  they  not  come  to  an 
agreement,  for  the  amount  fixed  by  the  Judge  or  Court. 

Art.  189.  The  provisions  of  this  law  with  regard  to  dowry  mortgages 
do  not  alter  or  modify  the  provisions  contained  in  Articles  880,  881, 
and  909  of  the  Code  of  Commerce. 

MORTGAGES  FOR  PROPERTY   TO  BE   SET   APART. 

Art.  190.  The  special  mortgage,  which  minor  children  have  a  right 
to  demand  by  reason  of  the  property  to  be  set  apart,  shall  be  created 
under  the  following  conditions: 

1.  The  father  shall  present  to  the  Judge  or  Court  an  inventory  and 
appraisement  made  by  experts  of  the  property  which  is  to  constitute 
the  security,  with  a  statement  of  the  property  which  he  offers  for  mort- 
gage, accompanied  by  the  title  deeds  proving  his  ownership  thereof,  and 


44 

documents  showing  its  value  and  its  freedom  from  all  incumbrances  or 
specifying  what  liens  exist  thereon. 

2.  If  the  Judge  or  Court  considers  the  account  of  the  property  cor- 
rect, and  the  mortgage  offered  sufficient,  a  memorandum  shall  be  issued 
in  the  proceedings,  declaring  what  realty  is  set  apart,  so  that  this  reser- 
vation may  be  embraced  in  the  proper  records  of  ownership,  and  shall 
create  the  mortgage  for  the  value  of  the  rest  of  the  property  subject  to 
be  set  apart  on  that  under  the  absolute  ownership  of  the  father,  which 
is  offered  as  security. 

3.  Should  the  Judge  or  Court  be  in  doubt  as  to  the  sufficiency  of 
the  mortgage  offered  by  the  father,  he  may  order  the  latter  to  take  the 
necessary  steps  or  present  the  documents  which  he  may  deem  neces- 
sary to  prove  its  sufficiency. 

4.  Should  the  mortgage  not  be  sufficient,  and  should  the  father  have 
other  property  on  which  it  can  be  created,  the  Judge  or  Court  shall 
order  it  to  be  extended  to  such  property  as,  in  his  judgment,  is  suffi- 
cient to  secure  the  rights  of  the  child.  Should  the  father  not  possess 
any  other  property,  the  Judge  or  Court  shall  order  it  created  on  the 
property  offered,  but  shall  express  in  the  decree  that  it  is  not  suffi- 
cient and  declare  the  obligation  of  the  father  to  extend  it  to  the  first 
realty  he  may  acquire. 

5.  The  memorandum  mentioned  in  number  2  of  this  Article  shall  con- 
tain all  the  details  which  a  mortgage  record  should  embrace,  and  shall 
be  signed  by  the  father,  certified  by  the  Clerk  of  the  Court,  and 
approved  by  the  Judge  or  Court. 

6.  By  means  of  the  presentation  to  the  Kegistry,  of  a  copy  of  this 
memorandum,  and  of  the  decree  of  its  judicial  approval,  the  proper 
record  and  entry  shall  be  made  to  certify  that  the  property  may  be 
set  apart  to  constitute  the  mortgage  mentioned  in  number  2. 

Art.  191.  If  ninety  days  elapse  and  the  father  has  not  presented  to 
the  Judge  or  Court,  the  record  of  the  proceedings  mentioned  in  the 
preceding  Article,  the  fulfillment  thereof  may  be  demanded  by  rel- 
atives, whatever  may  be  their  degree,  by  the  executor  of  the  deceased 
spouse,  or  in  default  by  the  Department  of  Public  Prosecution. 

Art.  192.  The  period  of  ninety  days  mentioned  in  the  preceding  par- 
agraph shall  be  computed  from  the  time  that  the  property  should  be  set 
apart,  on  account  of  the  contraction  of  a  second  or  subsequent  marriage. 

Art.  193.  If  two  or  more  of  the  persons  mentioned  in  Article  191, 
apply  for  the  creation  of  the  legal  mortgage,  preference  shall  be  given 
to  the  one  making  the  first  application. 

Art.  194.  Should  the  children  be  of  age,  only  they  themselves  can 
demand  the  creation  of  the  mortgage  in  their  favor. 

Art.  195.  The  Judge  or  Court  which  approved  the  record  of  pro- 
ceedings mentioned  in  Article  190  shall  see,  under  his  or  its  responsibil- 
ity, that  the  records  and  entries  prescribed  by  number  6  of  the  same 
Article  are  duly  made. 


45 

Art.  196.  Should  the  father  not  have  any  mortgageable  property, 
the  proceedings  provided  in  Article  190,  shall  also  be  instituted  for  the 
sole  purpose  of  recording  what  is  set  apart  and  its  value. 

Art.  197.  The  decree  issued  in  the  case  of  the  preceding  Article  shall 
only  express  what  is  necessary,  regarding  what  is  set  apart  and  its 
value,  and  the  obligation  of  the  father  to  mortgage  the  first  realty  he 
may  acquire. 

If  the  property  set  apart  consists  of  realty,  the  Judge  or  Court  shall 
order  that  its  classification  be  entered  in  the  Eegistry  in  the  manner 
prescribed  by  Article  173. 

Art.  19S.  The  mother  shall  give  security  for  the  rights  of  her  children 
to  the  property  set  apart,  with  the  same  formalities  as  the  father. 

Art.  199.  The  special  mortgage  to  secure  the  property  set  apart, 
established  by  Article  811  of  the  Civil  Code,  may  only  be  demanded 
by  the  relatives  in  whose  favor  the  property  is  to  be  set  apart,  should 
they  be  of  age.  If  they  are  minors,  the  persons  who  legally  represent 
them  shall  demand  it  in  their  name.  In  either  case,  the  interest  of  the 
persons  in  whose  favor  the  property  is  to  be  set  apart,  shall  be  secured, 
with  the  same  requisites  mentioned  in  the  preceding  Articles,  including, 
with  regard  to  the  property  to  be  set  apart,  the  provisions  relating  to 
the  father. 

MORTGAGES  OF  PROPERTY  OF  PERSONS  STILL  UNDER  PARENTAL 
AUTHORITY. 

Art.  200.  The  father,  or  when  there  is  none,  the  mother,  is  the  legal 
administrator  of  the  property  of  the  children  who  are  still  under  his 
or  her  authority,  although  with  the  obligation  of  creating  a  legal  mort- 
gage in  favor  of  the  latter,  should  he  or  she  contract  a  second  mar- 
riage. 

Art.  201.  The  children  in  whose  favor  legal  mortgages  are  established 
by  the  preceding  Article,  shall  have  a  right  to  demand: 

1.  That  the  realty  belonging  to  them  be  recorded  in  their  name,  if 
this  has  not  already  been  done. 

2.  That  the  lather,  or,  in  a  proper  case,  the  mother,  secure  by  a  special 
mortgage,  if  it  can  be  done,  the  property  other  than  realty,  belonging 
to  the  said  children. 

Art.  202.  It  shall  be  understood  that  the  father,  or,  in  a  proper  case, 
the  mother,  can  not  create  the  mortgages  mentioned  in  the  preceding 
Article,  should  they  not  have  any  mortgageable  real  property. 

Art.  203.  If  the  real  property  which  the  parents  possess  is  insuffi- 
cient, they  shall,  however,  create  a  mortgage  thereon,  without  prejudice 
to  its  extension  to  other  property  which  they  may  subsequently  acquire, 
should  they  be  required  to  do  so. 

Art.  201.  The  extension  of  the  rights  mentioned  in  Article  201  may 
be  demanded  in  the  name  of  the  children  by: 

1.  The  persons  from  whom  the  property  is  derived. 

2.  The  heirs  or  executors  of  said  persons. 

3.  The  ascendents  of  the  minor. 


46 

Art.  205.  Neither  the  father,  or,  in  a  proper  case,  the  mother,  can 
convey  the  real  property  belonging  to  the  child,  of  which  they  enjoy 
the  use  or  administration;  nor  can  they  encumber  it,  except  for  justified 
reasons  of  profit  or  necessity,  and  with  the  previous  authority  of  the 
Judge  of  the  District,  on  hearing  the  Department  of  Public  Prosecution. 

Art.  206.  In  case  the  persons  mentioned  in  Article  204  do  not 
demand  that  the  rights  expressed  in  Article  201  be  accorded,  the  Pub- 
lic Prosecutor  may  do  so  by  reason  of  his  duty. 

MORTGAGES  BY  REASON  OF  GUARDIANSHIP. 

Art.  207.  The  guardian,  before  his  charge  is  conveyed  to  him,  and 
to  insure  a  good  result  from  his  administration,  shall  give  a  bond,  which 
must  be  either  a  mortgage  or  a  bond  for  security. 

Art.  208.  The  mortgage  bond  shall  be  entered  in  the  Registry  of 
Property. 

Art.  209.  Pending  the  execution  of  the  bond,  the  substitute  of  the 
guardian  shall  exercise  all  the  administrative  acts,  which  the  family 
council  may  consider  indispensable  for  the  preservation  of  the  property, 
and  to  collect  the  income  therefrom. 

Art.  210.  The  record  of  the  mortgage  bond,  when  such  bonds  are 
given,  must  be  demanded  by: 

1.  The  guardian. 

2.  The  substitute  of  the  guardian. 

3.  Any  member  of  the  family  council. 

Art.  211.  The  persons  omitting  the  formalities  mentioned  in  the  pre- 
ceding article  shall  be  responsible  for  any  loss  or  damage. 
Art.  212.  A  mortgage  bond  must  secure: 

1.  The  value  of  the  personal  property  which  comes  into  the  hands  of 
the  guardian. 

2.  The  rents  or  income  which  the  property  of  the  minor  or  incapaci- 
tated person  yields  during  the  period  of  one  year. 

3.  The  profit  which  the  minor  may  receive  during  one  year  from  any 
mercantile  or  industrial  enterprise. 

Art.  213.  The  family  council  is  charged  witk  the  duty  of  fixing  the 
amount. of  the  mortgage  bond  and  its  determination. 

Art.  214.  A  mortgage  bond  may  be  increased  or  reduced  during  the 
exercise  of  the  guardianship,  according  to  the  changes  in  the  value  of 
the  property  of  the  minor  or  incapacitated  person. 

Art.  215.  A  mortgage  bond  can  not  be  totally  canceled  until  after 
the  accounts  of  the  guardianship  have  been  approved,  and  the  guardian 
has  satisfied  all  the  responsibilities  of  his  administration. 

Art.  216.  The  following  are  exempted  from  giving  security  as 
guardians : 

1.  The  father,  the  mother,  and  the  grandparents  in  case  they  are 
called  upon  to  assume  the  guardianship  of  their  descendants. 


47 

2.  The  testamentary  guardian  relieved  from  this  obligation  by  the 
father,  or,  iu  a  proper  case,  by  the  mother.  This  exemption  shall  cease 
when  subsequently  to  his  appointment,  reasons  arise  unknown  by  the 
testator,  which  should  make  the  giving  of  a  bond  indispensable,  in  the 
opinion  of  the  family  council. 

3.  A  guardian  appointed  and  exempted  from  giving  bond  by  stran- 
gers, who  may  have  made  the  minor  or  incapacitated  person  their  heir 
or  left  them  an  important  legacy.  In  this  case  the  exemption  shall  be 
confined  to  the  property  or  income  of  which  the  inheritance  or  legacy 
consists. 

OF   OTHER   LEGAL   MORTGAGES. 

Art.  217.  The  competent  official  shall  require  the  creation  of  special 
mortgages  on  the  property  of  persons  administering  public  funds  or 
who  have  made  contracts  with  the  State,  provinces,  or  towns,  in  all 
the  cases,  and  in  the  manner  prescribed  by  the  administrative 
regulations. 

Art.  218.  The  State,  province,  or  towns  shall  be  preferred  to  any 
other  creditor  in  the  recovery  of  one  year's  taxes  on  the  realty. 

To  secure  a  like  preference  for  a  larger  sum  than  that  represented  by 
said  taxes,  the  State  may  require  a  special  mortgage,  in  the  form  pre- 
scribed by  the  administrative  regulations. 

Art.  219.  The  person  insuring  real  property  shall  have  a  right  to 
require  a  special  mortgage  on  the  property  insured,  the  owner  of  which 
has  not  satisfied  the  insurance  premiums  for  two  or  more  years,  or  two 
or  more  of  the  last  assessments,  if  the  insurance  is  based  on  the  mutual 
system. 

Art.  220.  While  the  premiums  for  the  last  two  years,  or,  in  a  proper 
case,  the  last  two  assessments  are  not  paid,  the  claim  of  the  insurer 
shall  have  preference  over  any  other  claims. 

Art.  221.  When  the  two  assessments  or  premiums  referred  to  in  the 
two  preceding  Articles  are  due  and  have  not  been  satisfied,  a  mortgage 
shall  be  created  for  the  whole  sum  that  is  due,  and  the  entry  thereof 
shall  be  effectual  only  from  its  date. 

Title  VI. 

OF   THE   MANNER   OF   KEEPING   THE   REGISTRIES. 

Art.  222.  The  registry  of  property  shall  be  kept  in  books  folioed  and 
rubricated  by  the  Judges  of  First  Instance  of  a  subdistrict,  or  by 
the  Municipal  Judges  delegate  for  the  inspection  of  Registries. 

Art.  223.  The  books  mentioned  in  the  preceding  Article  shall  be  uni- 
form for  all  Registries,  and  shall  be  formed  under  the  direction  of  the 
Colonial  Department,  with  all  precautions  necessary  for  the  prevention 
of  any  fraud  or  forgery  which  might  be  committed  therein. 


48 

Art.  224.  The  only  books  valid  shall  be  those  made  by  the  Eegisters, 
in  accordance  with  the  provisions  of  the  preceding  Article. 

Art.  225.  The  books  of  the  Eegistry  can  for  no  reason  whatsoever 
be  removed  from  the  office  of  the  Kegister.  All  judicial  or  extrajudi- 
cial proceedings  requiring  the  exhibition  of  said  books  shall  be  held  in 
the  office  itself. 

Art.  226.  The  books  shall  be  numbered  in  their  chronological  order. 

Art.  227.  The  Eegistry  of  property  shall  embrace  records  or  entry 
cautionary  notices,  cancellations,  and  notes  of  all  documents  subject  to 
record  according  to  Articles  2  and  5. 

Art.  228.  The  Eegistry  of  property  shall  be  kept  by  opening  a  special 
record  for  each  estate  in  the  proper  book,  entering  as  the  first  record 
thereof  the  first  one  which  is  demanded  with  relation  to  said  property, 
provided  it  refers  to  transfer  of  property. 

When  the  first  entry  that  is  demanded  is  not  of  this  kind,  the  last 
record  of  ownership  which  may  have  been  made  in  the  old  books  shall 
be  transferred  to  the  new  ones,  in  favor  of  the  owner  of  the  property 
encumbered  by  the  new  record.  All  subsequent  records,  entries,  and 
cancellations  shall  be  made  immediately  following  each  other,  without 
leaving  any  blank  space  between  them. 

Art.  229.  The  entries  relating  to  each  estate  shall  be  numbered  in 
their  proper  order  and  signed  by  the  Eegister. 

Art.  230.  One  book  shall  be  opened  for  each  municipal  district  wholly 
or  partially  included  within  the  jurisdiction  of  a  Eegister. 

Art.  231.  The  books  of  each  municipal  district  shall  have  a  special 
numeration  in  proper  order,  besides  that  mentioned  in  Article  226. 

Art.  232.  The  Government  may  order,  for  reasons  of  public  con- 
venience, that  a  municipal  district  be  subdivided  into  two  or  more  sec- 
tions, and  that  a  Eegistry  book  be  opened  for  each  one  of  them. 

Art.  233.  In  the  case  mentioned  in  the  preceding  article,  to  the 
numeration  which  the  books  must  have,  according  to  Articles  226  and 
231,  shall  be  added  the  words  "Section  First"  or  "  Section  Second,"  or 
the  proper  one. 

Art.  234.  When  a  deed  embraces  several  real  properties  or  property 
rights  located  within  one  municipal  district,  the  first  entry  made  shall 
contain  all  the  details  prescribed  by  Article  9,  and  in  the  following 
ones  the  estate  only  shall  be  described,  should  it  be  necessary,  or  the 
property  right  which  is  the  subject  of  each  of  them  shall  be  described, 
and  the  nature  of  the  instrument  or  contract  shall  be  stated,  the  names 
of  the  grantor  and  of  the  grantee,  the  date  and  town  where  the  instru- 
ment was  executed,  and  the  name  of  the  Notary  who  authenticated  it, 
or  of  the  official  who  executed  it,  making  reference  for  all  other  details 
to  said  first  record,  stating  the  liber  and  folio  containing  it. 

Art.  235.  If  the  instrument  referred  to  in  the  preceding  Article  is  one 
creating  a  mortgage,  the  record  must  express,  besides  the  details  pre- 
scribed in  said  Article,  the  part  of  the  debt  for  which  each  estate  or 
interest  is  liable. 


49 

Art.  236.  If  the  property  or  interests  contained  in  one  deed,  are 
located  in  two  or  more  municipal  districts,  the  provisions  contained  in 
the  two  preceding  articles  shall  be  applied  to  each  of  said  districts. 

If  any  of  the  latter  have  been  divided  into  sections,  in  accordance 
with  the  provisions  of  Article  232,  each  section  shall  be  considered  as 
if  it  were  a  municipal  district. 

Art.  237.  The  Register  shall  authenticate,  with  his  signature  in  full, 
the  entries  of  presentation  contained  in  the  Day  Book,  as  well  as  the 
records,  cautionary  notices  and  cancellations,  and  the  notes,  with  an 
abbreviation  of  his  name. 

Art.  238.  Registers  shall  also  keep  a  book  called  a  Day  Book,  in 
which  they  shall  make  a  brief  entry  Qf  the  contents  of  every  document 
at  the  time  of  its  presentation. 

Art.  239.  The  entries  in  the  Day  Book  shall  be  numbered  in  proper 
order  at  the  time  of  their  inscription. 

Art.  240.  The  entries  mentioned  in  the  preceding  Article  shall  be 
made  in  the  order  in  which  the  documents  are  presented,  without  leav- 
ing any  blank  space  between  them,  and  shall  contain : 

1.  The  name,  surname,  and  residence  of  the  person  presenting  the 
document. 

2.  The  hour  of  its  presentation. 

3.  The  character  of  the  document  presented,  its  date,  and  the  official 
or  notary  subscribing  it. 

4.  The  character  of  the  interest  created,  conveyed,  modified,  or  abro- 
gated by  the  document  to  be  recorded. 

5.  The  nature  of  the  estate  or  property  right  which  is  the  subject  of 
the  document  presented,  with  a  statement  of  its  location,  its  name,  and 
its  number,  should  it  have  any. 

6.  The  name  and  surname  of  the  person  in  whose  favor  the  record  is 
desired. 

7.  The  signature  of  the  Register  and  of  the  person  who  presents  the 
document,  or  of  a  witness,  should  that  person  not  be  able  to  sign. 

Art.  241.  When  the  Register  makes  the  record,  cautionary  notice,  or 
cancellation  to  which  the  entry  of  presentation  refers,  in  the  proper 
book,  he  shall  state  this  fact  by  means  of  a  marginal  note  opposite  said 
entry  of  presentation,  stating  the  volume  and  folio  where  the  former 
may  be  found,  as  well  as  the  number  of  the  estate  according  to  the 
Registry  and  the  number  given  to  the  requested  record. 

Art.  242.  Every  day  not  a  working  day,  at  the  time  previously  indi- 
cated at  which  the  Registry  is  to  be  closed  in  the  manner  prescribed 
by  the  Regulations,  the  Day  Book  shall  be  closed  by  a  memorandum 
executed  by  the  Register,  immediately  after  the  last  entry  he  may  have 
made.  Mention  shall  be  made  therein  of  the  number  of  entries  executed 
during  the  day,  or  if  none  have  been  made,  this  fact  shall  also  be  stated. 

If  the  time  for  closing  the  Registry  should  arrive  before  an  entry  is 
terminated,  it  shall  be  continued  until  its  conclusion,  but  without,  how- 
ever, admitting  any  other  document  in  the  meantime  and  stating  this 
circumstance  in  the  final  memorandum. 
1D539 4 


50 

Art.  243.  Entries  of  presentation  made  after  the  office  hours  of  the 
Eegistry  shall  be  null. 

Art.  244.  At  the  foot  of  any  document  recorded  in  the  Eegistry  of 
property,  the  Eegister  shall  affix  a  note,  signed  by  himself,  expressing 
the  kind  of  entry  which  has  been  made,  the  liber  and  folio  containing 
it,  the  number  of  the  estate,  and  the  number  of  the  record  made. 

Art.  245.  Xo  entry  shall  be  made  in  the  Eegistry  of  property  until 
the  fees  established  or  to  be  established  by  law  are  previously  paid, 
should  any  be  due  for  the  instrument  or  contract  to  be  recorded. 

Art.  246.  Notwithstanding  the  provisions  of  the  preceding  Article, 
the  entry  of  presentation  may  be  made  before  the  payment  of  the  fees; 
but,  in  such  case,  the  entry  shall  be  suspended  and  the  document  shall 
be  returned  to  the  person  who  presented  it,  so  that,  after  its  examina- 
tion, he  may  liquidate  and  satisfy  said  fees. 

When  these  have  been  paid  the  interested  person  shall  return  the 
document  to  the  Eegistry,  and  the  record  shall  be  made,  the  effects  of 
which  shall  retroact  to  the  date  of  the  entry  of  presentation,  provided 
the  deed  has  been  returned  within  the  thirty  days  immediately  follow- 
ing the  date  of  said  entry. 

If  the  deed  is  returned  after  said  thirty  days  have  elapsed,  a  new 
entry  of  presentation  shall  be  required,  and  the  effects  of  the  entry 
made  shall  retroact  to  the  date  of  the  new  entry.  In  case  the  fees 
have  not  been  paid  because  the  office  or  official  having  in  charge  their 
liquidation  or  collection,  has  consulted  with  his  superiors  as  to  some 
doubtful  question  regarding  the  case,  the  period  of  thirty  days  shall  be 
suspended  from  the  time  of  said  consultation,  until  the  matter  is  defi- 
nitely settled,  which  circumstance  shall  be  stated  in  a  marginal  note 
opposite  the  entry  of  presentation,  the  document  which  the  interested 
party  must  present  to  the  Eegister  being  seen  by  the  latter,  provided 
this  officer  is  not  certain  as  to  the  fact. 

Art  247.  The  liquidation  of  the  fees  which  must  be  paid  in  each 
case  shall  be  made  through  the  proper  office  or  official  in  the  manner 
prescribed  by  the  Eegulations. 

Art.  248.  Eeceipts  for  fees  collected  for  instruments  and  contracts 
subject  to  record,  shall  be  made  in  duplicate,  and  both  copies  shall  be 
delivered  to  the  person  making  the  payment.  One  of  these  copies  shall 
be  presented  to  the  Eegister,  who  shall  file  it  in  his  office. 

The  Eegister  who  should  not  preserve  said  copy  shall  be  directly 
liable  to  the  Treasury  for  the  fees  which  may  not  have  been  liquidated. 

Art.  249.  In  order  that  any  entry  may  be  made  in  the  Eegistry  by 
virtue  of  a  judicial  decree,  the  Judge  or  Court  shall  issue  the  proper 
order  in  duplicate. 

The  Eegister  shall  return  one  of  the  copies  to  the  same  Judge  or  Court 
from  whom  it  was  received,  or  to  the  interested  party  who  may  have 
presented  it,  with  a  note  signed  by  him,  stating  that  it  has  been  com- 
plied with,  and  keeping  the  other  one  in  his  office,  making  thereon  a 


51 

rubricated  memorandum  similar  to  the  one  made  on  the  copy  returned. 
The  documents  shall  be  filed  in  one  package,  numbered  in  the  order  of 
their  presentation. 

Art.  250.  To  totally  or  partially  cancel  a  mortgage,  the  document 
by  virtue  of  which  it  is  to  be  made  shall  be  presented,  as  well  as  the 
instrument  creating  it,  which  shows  that  it  has  been  recorded.  On  both 
documents  a  memorandum  shall  be  made  stating  that  the  cancellation 
and  its  entry  have  been  executed  in  accordance  with  Article  244. 

In  order  that  the  persons  interested  in  the  cancellations  may  not  be 
deprived  of  the  document,  when  it  is  a  public  instrument,  a  copy  on  com- 
mon paper  shall  be  presented  therewith,  signed  by  said  persons.  After 
being  compared  by  the  Eegister  he  shall  state  its  conformity  with  the 
original,  by  means  of  a  memorandum,  filing  it  and  returning  the  original 
to  the  interested  person. 

Registers  shall  preserve  in  their  chronological  order  in  numbered 
packages  the  documents  by  virtue  of  which  any  mortgage  is  canceled. 

Art.  251.  Any  other  documents  which  may  be  presented  to  the 
Register,  shall  be  returned  to  the  interested  parties  with  the  memoran- 
dum mentioned  in  Article  244  affixed  thereto,  after  the  proper  use 
thereof  has  been  made. 

Art.  252.  The  persons  interested  in  a  record,  cautionary  notice,  or 
cancellation  may  demand  that  before  the  principal  entry  thereof  is 
made  in  the  book  a  draft  of  said  entry  be  shown  them. 

Should  they  note  any  error  or  important  omission  they  may  demand 
its  correction,  applying  to  the  President  of  the  Audiencia  or  to  his  rep- 
resentative, should  the  Register  refuse  to  comply. 

The  President  of  the  Audiencia  or  his  representative  shall  decide  what 
is  necessary,  without  any  formal  proceedings  and  within  the  period  of 
six  days. 

Art.  253.  Whenever  the  interested  person  has  had  notice  of  the  draft 
in  the  manner  prescribed  in  the  preceding  Article,  and  he  expresses  his 
satisfaction  therewith,  or,  in  default  thereof,  the  President  of  the 
Audieucia  should  decide  the  form  in  which  it  should  be  made,  either 
circumstance  shall  be  mentioned  in  the  proper  entry. 

Title  YII. 

OF  THE   CORRECTION  OF  ENTRIES   IN  REGISTRIES. 

Art.  254.  Registers  may  themselves  correct,  on  their  own  responsi- 
bility, any  material  errors  committed — 

1.  In  the  entries  of  principal  records,  cautionary  notices,  or  cancella- 
tions, the  respective  documents  being  on  file  in  the  office. 

2.  In  entries  of  presentation,  marginal  notes,  and  notes  of  references, 
although  the  documents  are  not  on  file  in  the  office  of  the  registry, 
provided  the  respective  principal  record  is  sufficient  to  show  the  error, 
and  that  it  is  possible  to  correct  it  in  accordance  therewith. 


52 

Art.  255.  Eegisters  can  not  correct  material  errors  committed  with- 
out the  consent  of  the  interested  party  possessing  the  recorded  docu- 
ment, or  in  default  thereof,  without  a  judicial  decree,  in  the  following 
cases : 

1.  In  records,  cautionary  notices,  or  cancellations,  the  documents  of 
which  are  not  on  file  in  the  office  of  the  Kegistry. 

2.  In  entries  of  presentation  and  notes,  when  said  errors  can  not  be 
proved  by  the  respective  principal  records,  and  the  documents  are  not 
on  file  in  the  office  of  the  Kegistry. 

Art.  256.  Errors  of  judgment  committed  in  entries,  records,  or  can- 
cellations, or  in  any  other  entries  referring  thereto,  when  they  do  not 
clearly  appear  from  the  same,  shall  not  be  corrected  without  the  unani- 
mous consent  of  all  the  interested  parties  and  of  the  Eegister,  or  with- 
out a  judicial  decree  ordering  it. 

The  same  errors  committed  in  entries  of  presentation  and  notes  may 
be  corrected  by  the  Eegister  himself,  when  the  respective  principal 
record  suffices  to  expose  them. 

Art.  257.  The  Eegister,  or  any  of  the  persons  interested  in  an  entry, 
may  oppose  the  correction  which  another  person  requests  on  account 
of  an  error  of  judgment,  provided  that  in  his  opinion  the  judgment 
considered  incorrect  be  in  accordance  with  the  deed  to  which  the  entry 
refers. 

The  question  arising  in  this  connection  shall  be  decided  by  a  declara- 
tory suit. 

Art.  258.  When  the  errors,  material  or  of  judgment,  produce  the 
nullity  of  the  record,  in  accordance  with  Article  30,  they  can  not  be 
corrected,  and  the  nullity  thereof  shall  be  demanded  and  declared  by 
the  proper  Court  in  the  suit  instituted  for  this  purpose. 

Art.  259.  A  material  error  shall  be  considered  committed  for  the  pur- 
pose of  the  preceding  Articles,  when  some  words  are  unintentionally 
written  for  others,  when  the  statement  of  some  detail  is  omitted  not 
causing  its  nullity,  or  when  mistakes  are  made  as  to  surnames  or 
amounts  in  transcribing  them  from  the  documents,  without  thereby 
changing  the  general  sense  of  the  record  or  any  of  its  parts. 

Art.  260.  An  error  of  judgment  shall  be  considered  committed  when, 
in  expressing  in  the  entry  matters  contained  in  the  deed,  their  sense 
is  altered  or  varied,  this  error  not  necessarily  producing  nullity  in 
accordance  with  the  provisions  of  Article  30. 

Art.  261.  Material  errors  which  are  committed  in  the  writing  of 
entries  can  not  be  remedied  by  means  of  corrections,  scratches  or 
erasures,  nor  by  any  other  means  except  by  a  new  entry,  in  which  the 
error  committed  in  the  first  one  shall  be  clearly  stated  and  corrected. 

Art.  262.  Errors  in  judgment  shall  be  corrected  by  means  of  a  new 
entry,  which  shall  be  executed  by  the  presentation  of  the  document 
already  recorded  if  the  Eegister  acknowledges  his  error  or  if  the  Judge 
or  Court  declares  it;  and  by  virtue  of  a  new  document  if  the  error  is 


53 

caused  by  the  vague,  ambiguous,  or  incorrect  language  of  the  original 
deed,  and  the  parties  agree  thereto,  or  it  is  so  ordered  by  a  judicial 
decree. 

Art.  263.  Whenever  a  correction  is  necessary  on  account  of  an  error, 
of  any  kind  committed  by  the  Eegister,  and  it  can  be  made  by  virtue 
of  the  same  document  previously  presented,  all  the  expense  and  dam- 
ages caused  shall  be  defrayed  by  the  Eegister  who  committed  the  error. 
Should  the  one  who  committed  said  error  not  be  the  same  one  making 
the  correction,  the  latter  may  demand  of  the  former  the  payment  of  the 
corresponding  fees,  according  to  the  schedule  in  force,  for  the  new 
record  and  other  work. 

If  to  make  the  correction  a  new  document  is  necessary  all  expenses 
shall  be  defrayed  by  the  persons  interested. 

Art.  264  The  corrected  part  shall  only  be  effectual  from  the  date  of 
its  correction,  without  prejudice  to  possible  rights  of  third  persons  to 
institute  proceedings  on  account  of  the  falsity  or  nullity  of  the  docu- 
ment to  which  the  entry  refers,  which  contained  the  error  of  judgment, 
or  an  account  of  the  entry  itself. 

Title  VIII. 

ADMINISTRATION  AND   INSPECTION   OF  REGISTRIES. 

Art.  265.  Registries  of  property  shall  be  under  the  jurisdiction  of  the 
Colonial  Department,  and  their  affairs,  as  well  as  those  of  the  Notaries, 
Civil  and  Marriage  registry,  and  Mercantile  registry,  shall  be  in  charge 
of  the  Registry  and  Notarial  Division  established  by  this  law. 

Art.  266.  The  personnel  of  the  Division  mentioned  in  the  preceding 
Article  shall  consist  of  one  chief,  at  an  annual  salary  of  10,000  pesetas; 
two  clerks,  one  first,  at  8,700,  and  one  second,  at  7,500;  three  assist- 
ants, one  first,  at  6,000  pesetas,  one  second,  at  5,000,  and  one  third, 
at  4,000. 

Said  Division  shall  also  have  four  copyists :  Two  first,  at  an  annual 
salary  of  2,000  pesetas,  and  two  second,  at  1,500. 

Vacancies  in  the  positions  of  chief,  clerks,  and  assistants  shall  be 
filled  strictly  by  promotion,  in  accordance  with  the  grades  previously 
established,  and  those  of  the  lowest  assistants  by  competitive  examina- 
tion. The  vacancies  in  the  positions  of  copyists  shall  be  filled  in  the 
same  manner.  The  Government  may,  reserving  the  privileges  which 
this  paragraph  provides,  in  case  of  vacancies,  for  the  good  of  the  serv- 
ice and  with  the  consent  of  the  full  Council  of  State,  abolish  one  or 
more  of  the  positions  in  the  Division;  the  persons  filling  the  same  to 
receive  two-thirds  of  the  salary  they  were  receiving  until  they  are 
reinstated  with  the  same  salary  and  privileges. 

Art.  267.  The  officials  of  the  Division  can  not  be  removed  by  the 
Government  without  just  cause,  with  reference  to  the  fulfillment  of  the 
duties  of  their  positions,  by  virtue  of  proceedings  instituted  for  this 


54 

purpose  and  after  consulting  the  corresponding  Division  of  the  Coun- 
cil of  State.  An  opportunity  must  be  given  the  interested  party  to 
make  an  explanation  in  writing  regarding  the  matter  which  gave  rise 
to  the  proceedings. 

Art.  268.  It  shall  be  the  duty  of  the  Registry  and  Notarial  Divi- 
sion: 

1.  To  transact,  directly  with  the  Colonial  Minister  and  through  the 
Chief  of  said  Division,  all  business  within  its  jurisdiction,  and  to  pro- 
pose the  measures  necessary  to  consolidate  the  Registries  of  Property 
in  the  colonies  and  for  the  faithful  observance  of  this  law  and  of  the 
regulations  which  may  be  enacted  for  its  execution. 

2.  To  execute  such  papers  as  may  be  prepared  to  fill  vacant  Regis- 
tries, and  for  the  holding  of  competitive  examinations,  when  they  are 
necessary,  as  well  as  those  for  the  discharge  of  employees  of  the 
Division,  of  of  Registers  making  the  final  disposition  necessary  in  each 
case  in  accordance  with  the  law. 

3.  To  decide  administrative  appeals  on  the  determination  of  documents 
made  by  Registers  and  the  doubts  which  arise  in  the  minds  of  said 
officials  regarding  the  interpretation  and  execution  of  this  law  or  of  the 
regulations,  provided  they  do  not  require  dispositions  of  a  general 
character  which  must  be  made  by  the  Secretary  of  the  Colonies. 

4.  To  form  and  publish  statements  relating  to  transfers  of  property, 
in  accordance  with  the  data  received  from  the  Registers. 

5.  To  exercise  a  general  inspection  and  supervision  of  all  the  Regis- 
tries in  the  Colonies,  through  the  Presidents  of  the  proper  Audiencias, 
and  even  through  Judges  of  First  Instance,  or  Municipal  Judges  dele- 
gated to  the  inspection  of  Registries,  and  through  the  Registers  them- 
selves, when  it  is  deemed  advisable  for  the  good  of  the  service. 

The  other  duties  of  the  Division  shall  be  determined  by  the  Regula- 
tions. 

Art.  269.  The  Presidents  of  Audiencias  shall  be  inspectors  of  the 
Registries  within  their  jurisdiction  and  shall  immediately  exercise  such 
functions  through  the  Judges  of  First  Instance  of  the  respective 
subdistricts,  or,  where  this  is  not  practicable,  through  the  Municipal 
Judges,  who  may  be  delegated  for  this  purpose. 

In  towns  where  there  is  more  than  one  Court  of  First  Instance  the 
Judge  designated  by  the  President  of  the  Audiencia  shall  exercise  the 
functions  mentioned. 

Art.  270.  The  President  of  the  Audiencia  or  his  delegates  shall 
inspect  the  Registries  the  last  day  of  each  quarter,  making  a  memoran- 
dum of  the  condition  in  which  they  were  found. 

The  Presidents  of  Audiencias  may,  besides  the  quarterly  inspec- 
tion, personally  or  through  their  delegates  make  any  extraordinary 
inspection  they  may  deem  advisable,  either  to  inspect  the  whole  Regis- 
try or  only  certain  of  its  books. 

For  the  extraordinary  inspections  the  Presidents  of  Audiencias  may 


55 

delegate  their  functions,  if  they  deem  it  necessary,  to  an  Associate 
Justice  of  the  Audiencia  or  to  a  Judge  of  First  Instance,  when  the  usual 
delegate  is  a  Municipal  Judge. 

Art.  271.  The  delegates  shall  transmit  to  the  Presidents  of  Audi- 
encias the  statements  mentioned  in  the  first  paragraph  of  Article  270 
within  three  days  following  the  termination  of  their  inspection. 

Art.  272.  The  Presidents  of  Audiencias  shall  transmit  to  the  Colo- 
nial Department  every  six  months  a  detailed  report  of  the  condition  of 
the  Registries  which  are  subject  to  their  inspection  and  authority. 

Art.  273.  Should  the  Presidents  of  Audiencias  note  any  lack  of 
formalities  on  the  part  of  the  Registers  in  the  conduct  of  the  Regis- 
tries, or  any  infraction  of  the  law  or  of  the  regulations  for  their  execu- 
tion, they  shall  take  the  steps  requisite  for  their  correction,  and,  in  a 
proper  case,  punish  them  in  accordance  with  the  provisions  of  the  same 
law. 

If  the  error  or  infraction  could  be  qualified  as  a  crime,  the  culprit 
shall  be  placed  at  the  disposal  of  the  Courts. 

Art.  271.  Should  the  President  of  an  Audiencia  find  that  a  Register 
has  not  furnished  bond,  or  has  not  deposited  a  quarter  of  his  fees  in 
accordance  with  the  provisions  of  Article  305,  he  shall  immediately 
suspend  him. 

Art.  275.  Should  the  President  of  an  Audiencia  suspend  any  Regis- 
ter he  shall  appoint  another  to  temporarily  fill  the  office,  and  shall  give 
a  report  showing  the  reasons  of  his  action  to  the  Colonial  Department. 

Art.  276.  Registers  shall  consult  directly  with  the  President  of  an 
Audiencia,  or  with  the  Judge  of  First  Instance,  concerning  any  doubt 
they  may  entertain  as  to  the  interpretation  and  execution  of  this  law, 
or  of  the  regulations  which  may  be  enacted  for  its  application. 

Should  the"  Judge  of  First  Instance  entertain  any  doubt  as  to  the 
decision  of  the  question,  he  shall  forward  it,  together  with  his  report, 
to  the  President  of  the  Audiencia. 

Should  the  President  of  the  Audiencia  also  be  in  doubt  as  to  the 
decision  of  the  question  submitted  by  the  Judge  of  First  Instance  or 
by  the  Register,  he  shall  forward  it  to  the  Colonial  Department. 

Art.  277.  Whenever  the  doubt  which  gave  rise  to  the  question  of 
the  Register  prevents  the  entry  of  some  principal  record  in  the  Regis- 
try of  Property,  a  cautionary  notice  shall  be  made  thereof,  which  shall 
have  all  the  effects  mentioned  in  the  ninth  paragraph  of  Article  42. 

The  decision  of  the  question,  in  such  case,  shall  be  transmitted 
directly  to  the  Register  within  the  sixty  days  provided  in  paragraph 
9G  for  the  duration  of  said  entries. 

Should  said  decision  not  be  transmitted  within  the  sixty  days,  the 
notice  shall  continue  its  effect. 

Art.  278.  No  fee  shall  be  charged  to  the  interested  party  for  enter- 
ing the  cautionary  notice  mentioned  in  the  preceding  Article. 


56 
Title  IX. 

PUBLICITY   OF  REGISTRIES. 

Art.  279.  Eegistries  shall  be  open  to  those  who  are  known  to  have 
any  interest  in  ascertaining  the  status  of  the  real  property  or  property 
rights  entered  or  recorded. 

Art.  280.  Registers  shall  exhibit  the  books  in  a  convenient  place  for 
persons  who  may  wish  to  consult  them,  without  taking  them  from  the 
office  and  with  the  precautions  necessary  to  insure  their  preservation. 

Art.  281.  Registers  shall  issue  certificates : 

1.  Of  entries  of  all  kinds  contained  in  the  Registry  relating  to  prop- 
erty indicated  by  the  persons  interested. 

2.  Of  certain  records  which  the  said  persons  may  indicate,  either 
specifying  them  or  referring  to  those  of  one  kind  or  another  which 
may  exist  in  relation  to  certain  property. 

3.  Of  mortgage  records  and  cancellations  thereof  made  at  tbe  instance 
or  in  favor  of  said  persons. 

4.  Of  the  non-existence  of  a  record  of  any  kind  or  of  a  particular 
kind,  relating  to  specified  property  or  in  charge  of  certain  persons. 

Art.  282.  The  certificates  mentioned  in  the  preceding  Article  may 
refer  to  a  fixed  and  stated  period,  or  to  everything  that  may  have  been 
filed  since  the  original  establishment  of  the  said  Registry. 

Art.  283.  The  freedom  or  encumbrance  of  real  property  or  property 
rights  can  only  be  proven  to  the  prejudice  of  third  persons  by  the 
certificates  mentioned  in  the  foregoing  Article. 

Art.  284.  When  the  certificates  mentioned  in  Article  281  are  not  in 
conformity  with  the  records  to  which  they  refer,  the  latter  shall  be  pre- 
ferred, reserving  the  action  which  the  person  prejudiced  thereby  may 
bring  to  recover  the  proper  indemnity  from  the  Register  who  committed 
the  error. 

Art.  285.  Registers  shall  not  issue  the  certificates  mentioned  in  the 
preceding  Articles:,  except  at  the  written  request  of  the  person  who  may 
have  any  interest  in  ascertaining  the  status  of  the  realty  or  of  the  prop- 
erty right  in  question,  or  by  virtue  of  a  judicial  order. 

Art.  286.  Should  the  Register  refuse  to  exhibit  the  books  or  to  give 
certificates  of  entries  contained  therein,  the  person  who  requested  it 
may  appeal  to  the  President  of  the  Audiencia,  if  he  resides  in  the  same 
place,  or  to  the  person  delegated  for  the  inspection  of  the  Registry. 
The  President  of  the  Audiencia  or  his  delegate  shall  decide  after 
hearing  the  Register.  If  the  decision  is  rendered  by  the  delegate,  an 
appeal  lies  to  the  President  of  the  Audiencia. 

Art.  287.  The  petitions  of  the  interested  parties  and  the  mandates 
of  the  Judges  or  Courts,  by  virtue  of  which  the  Registers  are  compelled 
to  issue  certificates,  must  very  clearly  express : 

1.  The  character  of  certificate  demanded  in  accordance  with  Article 
281,  and  if  it  is  to  be  a  literal  one  or  an  abstract. 


57 

2.  The  information,  according  to  the  character  of  such  certificate,  suf- 
ficient to  indicate  to  the  Register  the  property  of  persons  in  question. 

3.  The  period  to  which  the  certificate  should  be  limited. 

Art.  288.  Certificates  shall  be  given  of  the  entries  in  the  Registry  of 
property. 

They  shall  be  given  of  the  entries  in  the  Day  Book  also,  if  at  the 
time  of  their  issue  there  be  any  awaiting  inscription  in  said  Registry, 
which  should  be  embraced  in  the  certificate  requested,  and  if  it  is  a  ques- 
tion of  proving  that  some  estate  is  free  of  encumbrauces  or  that  some 
interest  does  not  in  fact  exist. 

Art.  289.  Registers  shall  not  issue  certificates  of  entries  in  the  Day 
Book  unless  the  Judge  or  Court  so  order,  or  unless  it  is  expressly 
requested  by  the  interested  parties. 

Art.  290.  Certificates  shall  be  literal  or  abstract,  according  as  they 
may  be  ordered  or  requested. 

Literal  certificates  shall  consist  of  the  respective  records  in  full. 

Certificates  in  abstract  shall  state  all  the  circumstances  contained  in 
said  records  which  are  necessary  for  their  validity,  according  to  Arti- 
cle 30,  as  well  as  the  incumbrances  which  at  the  time  are  a  lien  on  the 
realty  or  recorded  interest,  according  to  the  proper  entry,  and  any  other 
point  which  the  interested  party  may  designate  or  which  is  considered 
important  by  the  Register. 

Art.  291.  Registers,  after  examining  the  books,  shall  issue  their  cer- 
tificates only  regarding  the  property,  persons,  or  periods  designated  in 
the  petition  or  mandate,  without  making  reference  to  any  other  entries 
or  details  than  the  ones  demanded,  with  the  exceptions  contained  in 
the  second  paragraph  of  Article  288  and  in  Article  292,  but,  neverthe- 
less, without  omitting  any  which  may  be  considered  embraced  in  the 
terms  of  said  mandate  or  request. 

Art.  292.  When  a  certificate  of  any  given  record  is  demanded  or 
ordered,  either  literal  or  abstract,  and  the  entry  indicated  has  been 
canceled,  the  Register  shall  make  a  literal  copy  of  the  entry  by  virtue 
of  which  the  cancellation  took  place. 

Art.  293.  When  a  certificate  of  encumbrances  on  realty  is  requested, 
and  no  encumbrance  appears  in  the  Registry  in  force  at  the  time  or 
made  by  the  person  designated,  the  Register  shall  state  this  fact. 

If  any  encumbrance  does  exist,  he  shall  copy  it  literally  or  in  abstract, 
in  accordance  with  the  provisions  of  Article  290,  and  shall  then  add 
that  no  other  encumbrance  appears  to  be  in  force. 

Art.  294.  Should  the  Register  be  in  doubt  as  to  whether  some  record 
is  in  force,  being  doubtful  also  as  to  the  validity  or  efficiency  of  the 
cancellation  referring  thereto,  he  shall  copy  both  entries  iu  the  certifi- 
cate, verbatim,  whatever  may  be  the  form  of  the  latter,  stating  that  this 
was  done  in  view  of  a  doubt  as  to  whether  said  cancellation  had  all  the 
conditions  necessary  to  produce  its  legal  effects,  and  also  his  reasons 
for  the  doubt. 


58 

Art.  295.  Registers  shall  issue  the  certificate  demanded  of  them,  in 
the  shortest  possible  time,  but  never  exceeding  four  days  for  each 
estate,  records,  or  condition  of  the  estate  whether  free  or  encumbered, 
which  are  to  be  certified  to. 

Art.  296.  After  the  period  mentioned  in  the  preceding  Article  has 
elapsed,  the  interested  persons  may  apply  to  the  President  of  the 
Audiencia  or  to  his  delegate  requesting  that  the  delay  be  justified  and 
proceeding  in  accordance  with  the  provisions  of  Article  286. 

Title  X. 

APPOINTMENT,  QUALIFICATIONS,  AND  DUTIES  OF  REGISTERS. 

Art.  297.  Every  Eegistry  of  property  shall  be  in  charge  of  a  Register. 

Registers  of  property  shall  be  considered  public  officers  for  all  legal 
effects  and  shall  be  addressed  as  "Excellency." 

They  may  be  retired  with  pension  at  their  own  request  on  account  of 
physical  disability,  duly  proven,  or  after  reaching  the  age  of  sixty-five 
years.  After  reaching  the  age  of  seventy  years  said  retirement  with 
pension  shall  be  compulsory.  In  their  classification  the  time  they  have 
filled  the  office  of  Register  and  eight  years  more  by  virtue  of  their  pro- 
fession shall  be  taken  into  account.  As  the  regulating  salary,  in  the 
absence  of  a  higher  one,  for  the  determination  of  a  pension,  in  the 
declaration  of  pensions  for  old  age,  widowhood,  and  orphanage,  there 
shall  be  assigned  those  designated  to  Chiefs  of  Administration  of  the 
third  class  for  Registers  of  the  first  class,  and  to  Chiefs  of  Bureaus  of 
the  first  and  second  classes  for  the  Registers  of  the  second  and  third 
classes,  respectively. 

The  Secretary,  after  a  report  from  the  Registry  and  Notarial  Division, 
may  grant  leaves  of  absence  for  a  period  not  to  exceed  five  years  to  the 
Registers  who  may  request  it.  The  first  vacancy  which  occurs  in  their 
class  at  the  expiration  of  their  leave  shall  be  filled  by  any  Register 
whose  leave  of  absence  has  expired,  and  in  case  he  should  not  accept 
the  position  he  shall  be  definitely  dropped  from  the  Corps. 

The  officials  of  the  Registry  and  Notarial  Division  having  been 
placed  on  the  same  basis  as  Registers  of  property  for  the  purposes  of 
Rules  1  and  2  of  Article  303,  the  provisions  of  the  two  foregoing  para- 
graphs shall  also  apply  to  them;  it  being  understood  that  in  cases  of 
leaves  of  absence  they  shall  still  be  kept  on  the  rolls  of  the  Division  as 
supernumeraries,  being  promoted  as  if  they  were  rendering  active 
service,  and  at  the  expiration  of  their  leave,  occupying  the  first  vacancy 
in  the  class  they  belong  to,  according  to  said  rolls. 

They  shall  also  be  considered  as  on  leave  should  they  be  elected 
Deputies  or  Senators  during  their  term  of  office  and  with  the  privi- 
leges allowed  them  in  case  their  positions  are  abolished  according  to 
Article  266. 

Any  Register  who  resigns  without  just  cause  or  who  is  removed  in 
accordance  with  the  provisions  of  Article  308,  shall  have  no  right  to 
the  privileges  mentioned  in  the  third  paragraph  of  this  Article. 


59 

Registers  who  cease  to  perform  their  duties  because  of  the  change 
or  abolition  of  the  Registry,  and  who  are  not  immediately  placed  in 
another  of  the  same  or  of  a  higher  class,  shall  be  considered  as  on 
leave  of  absence,  and  may  be  classified  as  a  "  cesaute  "  (dismissed  for 
political  or  economical  reasons,  but  continuing  to  draw  a  salary),  giv- 
ing him  credit  for  the  time  he  had  charge  of  the  Registry.  If,  accord- 
ing to  the  time  computed,  he  should  be  entitled  to  payor  to  a  temporary 
pension  (cesantia)  in  accordance  with  the  regulations  governing  retired 
classes,  he  shall  receive  the  salary  corresponding  to  his  years  of  serv- 
ice and  the  regulating  salary  which  he  may  have  received  or  the  one 
previously  stated.  If  the  Register  on  leave  is  appointed  to  another 
Registry  of  the  same  or  of  a  higher  class  and  he  resigns  without  cause, 
he  shall  lose  the  time  credited  to  him  by  virtue  of  his  service  in  this 
profession,  and  shall  therefore  not  receive  the  salary  or  increase  of 
temporary  pension  thereof  which  he  would  have  had  a  right  to  in 
consequence  of  this  time. 

Registers  can  not  exchange  their  positions  except  with  other  Regis- 
ters of  the  same  or  of  the  next  lower  class,  and  only  when  a  good  reason 
exists  therefor  in  the  judgment  of  the  Government. 

To  ascend  a  class  by  exchange  it  is  indispensable  to  have  served  in 
the  next  lower  one  four  years  or  to  have  entered  it  by  means  of  a 
competitive  examination. 

Art.  298.  To  be  appointed  Register  it  is  necessary: 

1.  To  be  a  Spaniard  and  a  layman. 

2.  To  be  over  twenty-five  years  of  age. 

3.  To  be  a  lawyer. 

Art.  299.  The  following  can  not  be  appointed  Registers: 

1.  Insolvents  or  bankrupts  who  have  not  yet  received  their  discharge. 

2.  Debtors  to  the  State  or  to  public  funds  as  taxpayers  or  in  the  set- 
tlement of  their  accounts. 

3.  Persons  accused  of  crime,  pending  their  trial. 

4.  Persons  sentenced  to  correctional  or  punitive  penalties,  until  they 
obtain  their  rehabilitation. 

Registers  who  come  under  case  3  of  this  Article  can  not  take  part  in 
the  competitive  examinations  mentioned  in  rule  Xo.  1  of  Article  303. 

Art.  300.  The  office  of  Register  shall  be  incompatible  with  that  of 
Senator,  Deputy  to  the  Cortes,  Provincial  Deputy,  Municipal  Judge,  or 
Assessor,  when  acting  in  the  capacity  of  Judge  of  First  Instance, 
Mayor,  or  Member  of  a  Municipal  Council,  Notary,  and  with  any  office 
or  employment  which  carries  with  it  similar  jurisdiction,  or  is  paid  from 
State,  Provincial,  or  Municipal  Funds. 

Art.  301.  Each  Registry  shall  have  such  clerks  and  assistants  as  the 
Register  shall  need,  appoint,  and  pay,  who  shall  discbarge  the  duties 
assigned  them  by  the  Register,  but  under  his  sole  and  exclusive  respon- 
sibility. 

Art.  302.  Registers  shall  be  appointed  by  the  Colonial  Department. 


60 

Art.  303.  Vacancies  in  the  office  of  Registers  of  property  which 
occur  in  the  Colonies  shall  be  filled  in  accordance  with  the  following 
rules : 

1.  Every  three  vacancies  occurring  shall  be  filled  by  Colonial  and 
Peninsular  Registers;  the  first  shall  be  filled  by  the  Register  of  the 
highest  class,  and  the  senior  one  in  service  from  among  the  candidates; 
the  second  by  the  Register  who  among  the  candidates  is  the  senior, 
without  regard  to  class;  the  third  by  the  Register  of  a  higher,  equal, 
or  the  next  lower  class  to  the  Registry  which  is  to  be  filled,  whom  the 
Government  selects,  taking  into  consideration  the  qualifications  of  the 
candidates.  No  Register  can,  in  competition  with  others  having  legal 
conditions,  receive  two  promotions  as  to  class  iu  order  of  merit,  with- 
out two  years  elapsing  between  each  promotion,  unless  he  renders  a 
new  important  service  well  known  to  be  worthy  of  immediate  reward. 

2.  If  there  be  no  Registers  of  the  classes  mentioned  in  the  preceding 
paragraphs,  the  vacancy  may  be  filled  by  any  person  selected  by  the 
Government,  taking  into  account  their  qualifications. 

3.  Registers  of  property  who  have  been  disciplined  and  deprived  of 
promotion  can  in  no  case  attain  a  higher  class  nor  even  be  transferred 
to  another  of  the  same  class  during  the  time  of  the  duration  of  their 
punishment. 

4.  Registries  which  are  vacant,  and  have  been  announced  in  their 
proper  order  and  are  not  desired  by  licensed  Registers,  shall  be  filled 
by  means  of  competitive  examinations,  two  places  for  these  examina- 
tions being  established,  one  in  the  capital  of  Cuba,  Puerto  Rico,  or  the 
Philippines,  in  whichever  of  these  islands  the  vacancy  has  occurred, 
and  another  in  the  capital  of  Spain. 

Art.  304.  Persons  who  have  been  appointed  Registers  can  not  take 
possession  of  their  office  without  previously  giving  bond,  the  amount 
of  which  shall  be  fixed  by  the  Regulations. 

Art.  305.  If  the  person  who  has  been  appointed  Register  does  not 
give  the  bond  mentioned  in  the  preceding  paragraph,  he  must  deposit 
in  the  official  establishment  authorized  by  law  to  receive  such  deposits 
a  quarter  of  his  fees  until  the  amount  of  the  bond  required  is  deposited. 

Art.  306.  The  deposit  or,  in  a  proper  case,  the  bond  mentioned  in 
the  preceding  Article  shall  not  be  returned  to  the  Register  until  three 
years  after  he  has  ceased  to  discharge  his  duties,  during  which  time 
the  Judge  of  First  Instance  of  the  proper  sub  district  shall  make  the 
announcement  in  the  official  papers  of  the  respective  colony,  and  in  the 
"Gaceta  de  Madrid,"  so  that  it  shall  reach  all  persons  who  may  have 
some  action  they  may  wish  to  bring  against  said  Register. 

Art.  307.  The  bond  of  Registers  and,  in  a  proper  case,  the  deposit 
shall  be  subject,  until  it  is  restored,  to  the  liabilities  incurred  by  them 
by  virtue  of  their  office,  which  shall  have  preference  over  any  other 
obligations  of  said  Registers, 

Art.  308.  Registers  can  not  be  removed  nor  transferred  to  other 
Registries  against  their  will,  except  by  virtue  of  a  judicial  order,  or  by 


61 

the  Government  in  accordance  with  proceedings  instituted  by  the  Pres- 
ident of  the  Audiencia,  after  hearing  the  interested  party  and  a  report 
from  the  Judge  of  First  Instance  of  the  subdistrict. 

To  permit  the  removal  or  transfer  by  the  Government  the  proceed- 
ings must  show  that  some  wrong  has  been  committed  by  the  Register 
in  the  fulfillment  of  his  duties,  or  which  lowers  him  in  the  eyes  of  the 
public,  and  the  proper  Division  of  the  Council  of  State  shall  also  be 
heard. 

Art.  309.  As  soon  as  Eegisters  take  possession  of  their  office  they 
shall  propose  to  the  President  of  the  Audiencia  the  appointment  of  a 
substitute  to  take  their  place  during  their  absence  or  illness,  having 
the  right  to  select  for  this  position  either  one  of  the  officials  of  the 
Kegistry  or  any  other  person  in  whom  they  have  confidence. 

If  the  President  of  the  Audiencia  is  satisfied  with  the  person  pro- 
posed he  shall  immediately  appoint  the  substitute.  Should  he  be  not 
satisfied,  because  of  some  serious  reason,  he  shall  order  the  Register  to 
propose  some  other  person. 

The  substitute  shall  discharge  his  duties  under  the  responsibility  of 
the  Register,  and  shall  be  removed  at  any  time  the  latter  may  request  it. 

Art.  310.  Registers  shall  at  the  end  of  each  year  make  six  detailed 
statements: 

The  first,  of  alienation  of  realty  made  during  the  year,  their  liqui- 
dated prices,  and  the  fees  paid  on  them  into  the  Public  Treasury. 

The  second,  of  rights  of  use,  use  and  occupancy,  servitude,  annuities 
(censos),  or  any  other  property  rights  in  realty,  with  the  exception  of 
mortgages,  their  value  in  principal  and  income,  and  the  fees  paid  on 
them  into  the  Public  Treasury. 

The  third,  of  mortgages  created,  number  of  estates  mortgaged, 
amount  of  the  principal  secured  thereby,  the  cancellations  of  mort- 
gages which  have  taken  place,  number  of  estates  released,  amount  of 
capital  returned,  and  fees  paid  into  the  Public  Treasury. 

The  fourth,  of  loans,  notwithstanding  that  they  have  been  embraced 
in  the  preceding  statement  by  reason  of  being  mortgage  loans,  their 
number,  amount  of  principal  loaned,  and  interest  stipulated  and  fees 
paid  into  the  Public  Treasury. 

The  fifth,  of  the  estates  the  ownership  or  possession  of  which  has 
been  recorded  in  the  Registry  for  the  first  time,  their  value,  if  it 
appears,  and  their  superficial  area. 

The  sixth,  of  the  number  of  documents  presented,  old  and  new,  pro- 
ceedings instituted,  certificates  issued,  and  fees  received  for  all  the 
services  rendered. 

The  regulations  shall  contain  the  other  requirements  which  said 
statements  must  contain,  and  the  manner  of  drafting  them. 

Art.  311.  Registers  shall  transmit  the  statements  mentioned  in  the 
preceding  Article  to  the  Presidents  of  Audiencias  before  the  1st  day 
of  April,  who  shall  forward  them  to  the  Colonial  Department  before 
the  1st  day  of  June,  with  such  remarks  as  they  may  deem  proper. 


62 

Art.  312.  Eegisters  shall  receive  the  fees  which  are  established  by 
this  law,  and  shall  pay  the  expenses  of  keeping  and  conducting  the 
Eegistries. 

Title  XI. 

RESPONSIBILITY   OF   REGISTERS. 

Art.  313.  Eegisters  shall  be  civilly  liable,  in  the  first  place,  on  their 
bonds,  and  in  the  second  place,  with  their  property,  for  all  loss  or  dam-- 
age  they  may  cause: 

1.  By  not  recording  in  the  Day  Book,  or  not  entering  or  making  a 
cautionary  notice  within  the  time  fixed  by  the  law  of  the  documents 
presented  to  the  Begistry. 

2.  For  any  error  or  inaccuracy  committed  in  records,  cancellations, 
cautionary  notices,  or  marginal  notes. 

3.  For  canceling  without  good  reason  any  entry  record  or  omitting 
the  entry  of  any  marginal  note  within  the  proper  time. 

4.  For  canceling  any  record,  cautionary  notice,  or  marginal  note 
without  the  document  and  the  requisites  demanded  by  this  law. 

5.  For  any  error  or  omission  in  the  certificates  of  records  or  freedom 
from  incumbrances  of  realty  or  of  property  rights,  or  for  not  issuing 
said  certificates  within  the  time  fixed  by  this  law. 

Art.  314.  Errors,  inaccuracies,  or  omissions  indicated  in  the  preced- 
ing Article  can  not  be  chargeable  to  the  Eegister  when  they  are  due  to 
some  defect  in  the  recorded  document  itself,  and  provided  they  are  not 
of  those  which  are  manifestly  and  according  to  Article  19,  number  9  of 
Article  42,  and  Articles  100  and  101,  would  have  caused  the  denial  or 
suspension  of  the  record,  entry,  or  cancellation. 

Art.  315.  The  correction  of  errors  committed  in  entries  of  any  kind, 
which  are  not  due  to  others  committed  in  the  respective  deeds,  shall 
not  free  the  Eegister  from  the  liability  which  he  may  incur  for  the 
damage  that  may  have  been  caused  by  said  errors  before  they  were 
corrected. 

Art.  316.  The  Eegister  shall  be  liable  on  his  bond  and  with  his 
property  for  indemnities  and  tines  which  may  arise  through  the  acts  of 
his  substitute  during  the  time  the  latter  has  charge  of  the  Begistry. 

Art.  317.  The  person  who,  by  error,  malice,  or  carelessness  of  the 
Eegister,  should  lose  a  property  right  or  the  action  to  recover  it,  may 
immediately  demand  that  the  Eegister  refund  the  value  of  what  he  has 
lost. 

The  person  who,  for  the  same  reasons,  loses  only  the  mortgage  of  an 
obligation,  may  either  demand  of  the  Eegister  that  he  create  a  mort- 
gage equal  to  the  one  lost,  or  that  he  immediately  deposit  the  amount, 
thus  securing  said  obligation  when  it  falls  due. 

Art.  318.  The  person  who,  through  error,  malice,  or  carelessness  of 
the  Eegister,  is  released  from  some  recorded  obligation,  shall  be  jointly 
responsible  with  the  Eegister  for  the  payment  of  the  indemnity  for 
which  the  latter  may  be  liable  by  reason  of  his  error. 


63 

Art.  319.  Whenever  in  the  case  of  the  preceding  Article  the  Register 
indemnifies  the  person  damaged,  he  may  bring  an  action  to  recover  the 
amount  paid  against  the  person  who,  through  his  error,  was  released 
from  the  recorded  obligation. 

When  the  person  damaged  brings  his  action  against  the  person  ben- 
efited by  said  error,  he  can  not  proceed  against  the  Register  unless  he 
does  not  obtain  the  indemnity  sued  for,  or  obtains  only  a  part  thereof. 

Art.  320.  The  civil  action  which,  in  accordance  with  Article  317,  the 
person  damaged  brings  on  account  of  the  errors  of  the  Eegister  shall 
not  prevent  or  arrest  a  penal  action,  which  in  a  proper  case  may  be 
instituted  in  accordance  with  the  laws. 

Art.  321.  Any  action  which  may  be  brought  against  the  Register 
for  the  purpose  of  holding  him  liable  shall  be  commenced  and  heard 
before  the  Inferior  Court  having  jurisdiction  of  the  Registry  District 
in  which  the  error  has  been  committed. 

Art.  322.  Infractions  of  this  law,  or  of  the  regulations  for  its  execu- 
tion, committed  by  Registers,  although  not  causing  any  damage  to 
third  persons  nor  constituting  a  crime,  shall  be  punished  without  the 
formality  of  a  trial,  by  the  Presidents  of  Audiencias,  by  the  imposition 
of  fines  of  50  to  500  pesos. 

Art.  323.  Final  judgments  awarding  damages  and  sentencing  Reg- 
isters to  indemnify  loss  or  damage  shall  be  published  in  the  Gaceta  de 
Madrid  and  in  the  official  papers  of  the  proper  Colony,  if  they  are  to 
be  enforced  against  the  bond,  because  the  person  condemned  has  not 
paid  the  amount  of  the  indemnity. 

By  virtue  of  this  publication,  the  persons  who  believe  themselves 
damaged  by  other  acts  of  the  same  Register  may  bring  their  actions, 
and  should  they  not  do  so  within  the  period  of  one  hundred  and  twenty 
days  the  judgment  shall  be  carried  out. 

Art.  321.  If  any  actions  are  brought  within  one  hundred  and  twenty 
days,  the  execution  of  the  judgment  shall  be  suspended  until  other 
final  judgments  in  their  favor  are  issued,  unless  it  is  manifest  that  the 
bond  is  sufficient  to  pay  the  amount  of  said  claims  after  the  judgment 
has  been  carried  out. 

Art.  325.  Should  the  bond  not  be  sufficient  to  pay  all  the  claims 
which  are  considered  good,  its  amount  shall  be  divided  pro  rata  among 
the  persons  who  presented  them. 

The  provisions  of  the  preceding  paragraph  shall  be  understood  to  be 
without  prejudice  to  the  liability  of  the  rest  of  the  property  of  the 
Register. 

Art.  326.  The  President  of  the  Audiencia  shall  immediately  suspend 
the  Register  ordered  by  a  final  judgment  to  pay  the  loss  and  damages, 
if  within  ten  days  he  does  not  do  so  or  make  good  his  bond,  or  if  he 
does  not  secure  the  claimants  for  the  amount  of  their  respective  suits. 

Art.  327.  The  person  injured  by  the  acts  of  a  Register  who  does  not 
file  his  claim  within  the  period  of  one  hundred  and  twenty  days  men- 


64 

tinned  in  Article  323  shall  be  indemnified  with  what  remains  of  the 
bond  of  the  Register,  or  with  his  property,  and  without  prejudice  to  the 
provisions  of  Article  318. 

Art.  328.  If  the  claim  for  indemnity  has  been  admitted  and  the 
amount  of  the  bond  does  not  appear  sufficient  to  secure  it,  the  Judge  or 
Court  must,  at  the  instance  of  the  claimant,  order  that  a  cautionaiy 
notice  be  made  against  the  property  of  the  Register. 

Art.  329.  Should  the  Register  be  condemned  at  the  same  time  to  pay 
damages  and  losses,  and  also  to  pay  fines,  the  former  shall  be  first  paid. 

Art.  330.  The  period  for  the  restitution  of  bonds  must  be  computed 
from  the  time  the  interested  party  ceases  to  exercise  the  office  of  Reg- 
ister and  not  from  the  time  he  leaves  one  Registry  and  is  transferred 
to  another. 

Art.  331.  When  a  Register  who  passes  from  one  Registry  which 
requires  a  larger  bond  to  another  requiring  a  smaller  one,  the  difference 
shall  not  be  returned  to  him  except  at  the  time  and  under  the  condi- 
tions prescribed  in  Article  306. 

ART.  332.  The  right  of  action  to  recover  indemnity  for  the  damage 
and  loss  suffered  by  the  acts  of  Registers  shall  be  limited  to  one  year 
after  said  losses  have  been  known  to  the  person  who  may  bring  said 
action,  and  in  no  case  shall  it  last  a  longer  period  than  that  indicated 
by  the  common  law  for  the  limitation  of  personal  actions,  computed 
from  the  time  the  offense  was  committed. 

Art.  333.  The  Judge  or  Court  before  whom  a  Register  is  prosecuted 
for  the  indemnity  of  damages  caused  by  his  acts  shall  immediately 
advise  of  the  action  the  President  of  the  Audiencia  under  whose  juris- 
diction said  Register  is. 

The  President  of  the  Audiencia,  in  view  thereof,  shall  require  the 
Judge  or  Court  to  order  the  entry  of  the  cautionary  notice  mentioned 
in  Article  328,  should  it  be  deemed  necessary  and  should  it  not  have 
already  been  ordered;  requesting  at  the  same  time  that  he  be  informed 
at  certain  intervals  as  to  the  progress  of  the  action. 

The  person  who  during  one  hundred  and  twenty  days  does  not  pros- 
ecute the  claim  he  has  filed  shall  be  understood  to  have  renounced  his 
right. 

Title  XII. 

FEES   OF   REGISTERS. 

Art.  334.  Registers  shall  collect  the  fees  for  the  entries  they  may 
make  in  the  books,  and  for  the  certificates  they  issue,  in  strict  accord- 
ance with  the  Schedule  accompanying  this  law. 

Acts  and  work  for  which  no  fees  are  stipulated  in  said  Schedule  shall 
not  be  entitled  to  any  compensation. 

Art.  335.  The  fees  of  the  Register  shall  be  paid  by  the  person  or 
persons  in  whose  favor  the  record  or  entry  of  the  interest  is  directly 
made. 


65 

Art.  336.  When  there  are  several  persons  involved  in  the  transac- 
tion the  Eegister  may  demand  payment  from  any  of  them,  and  the 
person  making  it  shall  have  the  right  to  recover  from  the  others  the 
part  he  may  have  paid  on  their  account. 

In  any  case  the  fees  may  be  recovered  judicially,  but  the  entry  shall 
never  be  refused  or  suspended  on  account  of  nonpayment. 

Art.  337.  Entries  made  in  the  indices  and  in  any  of  the  auxiliary 
books  kept  by  Registers  shall  not  be  charged  for. 

Art.  338.  In  the  fees  mentioned  in  the  Schedule  for  the  certificates 
of  Registers  the  pi  ice  of  the  stamped  paper  on  which  they  have  to 
be  executed  is  not  included  and  shall  be  paid  for  by  the  persons 
interested. 

Art.  339.  At  the  foot  of  every  entry,  certificate,  or  note  for  which 
fees  have  been  charged  the  Eegister  shall  stamp  the  amount  charged, 
quoting  the  number  of  the  Schedule  by  virtue  of  which  it  was  demanded. 

When  one  number  of  the  Schedule  is  applied  to  several  operations 
it  shall  be  sufficient  to  record  the  fees  charged  at  the  foot  of  the  prin- 
cipal entry  or  note,  quoting  the  corresponding  number  of  the  Schedule, 
it  being  unnecessary  to  record  in  the  other  work  the  fees  embraced  in 
said  number. 

Art.  340.  The  fees  charged  by  Registers  for  certificates  and  records 
ordered  by  Judges  or  Courts  in  consequence  of  actions  in  which  they 
have  jurisdiction  shall  be  classified  for  their  exaction  and  collection  in 
the  same  manner  as  the  other  costs  of  said  action.  « 

Art.  341.  When  a  Judge  or  Court  decides  that  the  refusal  of  a  Reg- 
ister to  definitely  record  or  enter  a  document  is  unfounded,  the  person 
interested  shall  not  be  obliged  to  pay  the  fees  for  the  cautionary  notice, 
or,  in  a  proper  case,  for  the  marginal  note  which  said  Register  may 
have  placed  opposite  the  entry  of  presentation  at  the  time  the  docu- 
ment was  returned,  nor  for  the  cancellation  of  said  note. 

Art.  342.  When  an  entry  is  corrected  on  account  of  some  error  com- 
mitted therein  by  the  Register,  the  latter  shall  not  receive  any  fee  for 
the  new  entry,  but  without  prejudice  to  the  provisions  of  the  second 
paragraph  of  Article  263. 

If  the  Register  who  made  the  mistake  in  the  entry  is  not  the  same 
who  is  to  make  the  correction,  the  latter  shall  have  a  right  to  bring  an 
action  against  the  former  or  his  heirs  for  the  recovery  of  the  fees  due 
for  the  new  record. 

Art.  343.  For  records,  certificates,  and  other  work,  for  which  fees 
may  be  collected,  incumbent  upon  Registers,  these  officials  shall  charge 
the  fees  indicated  in  the  respective  numbers  of  the  Schedule,  taking 
into  account  the  value  of  the  estates,  or  the  interest  created  in  them, 
which  are  transferred,  or  to  which  the  operations  indicated  refer. 

Art.  344.  Registers,  in  writing  the  entries,  notes,  and  certificates, 
shall  act  strictly  in  accordance  with  the  instructions  and  models  which 
the  regulation  for  the  execution  of  this  law  will  contain. 
19539 5 


GQ 

Atct.  345.  The  delegates  of  the  Presidents  of  Audiencias  for  the 
inspection  of  Registries  shall  carefully  examine  in  their  visits  of  inspec- 
tion to  see  if  the  records  are  made  in  conformity  with  the  models  indi- 
cated in  the  preceding  Article,  and  they  shall  state  in  their  report  any 
errors  of  this  kind  they  may  observe,  so  that  the  Register  who  makes 
his  entries  more  extensive  than  necessary  or  omits  therein  some  of  the 
details  which  they  should  contain,  according  to  their  class,  may  be 
disci  [dined. 

Art.  346.  No  changes  whatsoever  may  be  made  in  the  Schedule 
accompanying  this  law  except  by  the  enactment  of  another  law. 

Title  XIII. 

REDEMPTION  FROM  EXISTING  ENCUMBRANCES. 

Art.  317.  Persons  who  may  have  any  realty  or  property  rights 
recorded  in  their  favor  may  release  them  with  regard  to  third  persons: 

1.  From  any  legal  mortgages  or  interests  which  have  not  been 
recorded  to  which  they  are  or  may  be  subject. 

2.  From  charges  which  may  not  have  been  recorded  or  secured  by 
a  recorded  mortgage,  caused  by  a  suit  to  establish  or  rescind  an  instru- 
ment, which  can  have  no  effect  with  regard  to  third  persons  without 
being  recorded. 

3.  From  the  interests  which,  if  having  been  recorded  in  the  books 
kept  by  the  old  Recorders  and  Judges  who  received  mortgages,  the 
Register  in  whose  charge  said  books  are  has  not  been  able  to  determine 
the  property  which  is  affected  thereby,  the  entries  being  defective. 

4.  From  all  suits  to  establish  or  rescind  an  instrument  which  can  be 
brought,  including  those  of  the  persons  who  may  have  previously 
recorded  their  titles  relative  to  the  same  property  or  interests. 

Art.  348.  If,  on  the  day  this  law  is  put  into  operation,  the  persons 
requesting  the  release  have  the  ownership  of  the  realty  or  property 
rights  recorded  in  the  books  of  the  old  "Anotaduria"  or  "Receptoria" 
of  mortgages  their  request  can  not  be  complied  with  until  they  transfer 
the  entries  to  the  new  books  of  the  Registry. 

Art.  349.  For  the  effects  of  Xo.  1  of  Article  347  shall  be  considered 
as  not  recorded  besides  the  interests  which  are  not  entered  in  the  old 
nor  in  the  new  books,  those  which  have  not  been  recorded  in  favor  of 
any  person  nor  been  the  object  of  judicial  proceedings  during  the  thirty 
years  prior  to  the  time  this  law  has  been  put  into  operation,  and  were 
not  entered  in  favor  of  their  present  owners  before  said  period. 

Art.  350.  Interests  considered  not  recorded,  in  accordance  with  the 
preceding  Article,  may  be  the  basis  of  proceedings  to  clear  the  title. 

Art.  351.  The  Judge  of  First  Instance  of  the  district  in  which  the 
property  or  real  interests  are  situated  to  which  said  proceedings  refer 
is  the  only  one  who  may  declare  it. 


67 

Art.  352.  If  the  proceedings  to  clear  the  title  of  an  estate  situated  in 
two  or  more  districts  is  demanded,  the  Judge  of  competent  jurisdiction 
shall  be  the  one  of  the  district  in  which  is  located  the  principal  part 
thereof,  such  part  being  considered  the  one  which  contains  the  resi- 
dence of  the  owner,  or  if  there  be  none,  the  workrooms,  and  if  there  be 
no  workrooms  the  part  having  the  greatest  area. 

Art.  353.  If  the  property  to  which  the  proceedings  to  clear  the  title 
refer  be  a  railway,  canal,  or  other  work  of  a  similar  nature,  or  having 
a  resemblance  thereto,  which  crosses  -several  districts,  the  principal 
part  shall  be  considered  such  part,  for  the  effects  of  the  preceding 
Article,  in  which  is  situated  the  place  from  which  the  work  starts. 

Art.  354.  In  the  proceedings  for  redemption  inay  also  be  included, 
in  the  manner  prescribed  by  Article  317,  general  mortgages  established 
in  accordance  with  prior  legislation  which  are  in  force  when  this  law  is 
put  into  operation,  viz: 

1.  In  favor  of  married  women,  on  the  property  of  their  husbands, 
for  the  dowry  and  personal  property  in  addition  to  the  dowry  which 
has  been  delivered  to  them. 

2.  In  favor  also  of  married  women,  on  the  property  of  their  husbands, 
for  the  dowry  and  donations  by  reason  of  marriage  settlements  which 
the  latter  may  have  made  to  them. 

3.  In  favor  of  children,  on  the  property  of  their  parents,  for  the  prop- 
erty which  may  be  set  apait. 

4.  In  favor  of  children  who  are  still  under  parental  authority,  on  the 
property  of  their  parents,  for  the  property  of  which  the  latter  are 
administering  or  enjoying  the  use. 

The  persons  in  whose  favor  these  general  mortgages  stand  can  not 
demand  the  creation  of  a  special  mortgage. 

Art.  355.  The  mortgages  mentioned  in  the  preceding  Article,  which 
are  in  existence  on  the  day  this  law  is  put  into  operation,  shall  continue 
in  force  in  accordance  with  prior  legislation,  for  the  time  the  obliga- 
tions which  they  secure  hold  good,  with  the  following  exceptions: 

1.  When,  by  the  consent  of  the  parties  or  of  the  debtor,  they  are 
replaced  by  special  mortgages. 

2.  When  the  married  woman  or  children,  being  of  age,  consent  to 
the  extinguishment,  reduction,  subrogation,  or  extension  of  the  legal 
mortgage. 

3.  When  legal  mortgages  have  no  further  effect  with  regard  to  third 
persons,  by  virtue  of  a  decree  issued  in  the  suit  for  clearing  the  title, 
as  established  in  this  title. 

Art.  356.  Persons  who,  on  the  day  this  law  is  put  into  operation, 
may  have  their  property  encumbered  by  some  implied  mortgage,  as 
mentioned  in  Article  54,  may  at  any  time  demand  of  the  person  hold- 
in-  said  mortgage  that  he  accept  in  its  place  a  sufficient  special  and 
definite  mortgage. 


68 

Should  said  person  refuse  to  accept  the  mortgage  offered,  or  should 
he  accept  it  and  the  persons  interested  do  not  agree  as  to  the  amount 
of  the  obligation  to  be  secured,  or  as  to  the  insufficiency  of  the  prop- 
erty offered  in  security,  the  Judge  or  Court  shall  decide  the  matter  in 
the  manner  prescribed  by  Article  165. 

Art.  357.  The  provisions  contained  in  the  preceding  Articles  do  not 
alter  or  modify  the  preference  allowed  by  law  in  the  property  other 
than  realty  or  property  rights  thereiu,  to  those  persons  in  whose  favor 
legal  mortgages  have  been  created. 

Art.  358.  Registers  of  property  have  charge  of  the  preparation  or 
proceedings  for  clearing  title. 

Art.  359.  A  single  proceeding  for  clearing  title  may  be  instituted 
for  all  the  property  comprised  in  the  jurisdiction  of  the  Registry,  pro- 
vided said  jurisdiction  embraces  one  subdistrict. 

Art.  360.  If  the  jurisdiction  of  a  Registry  comprises  two  or  more 
subdistricts  one  proceeding  shall  be  instituted  for  each  subdistrict  in 
which  is  situated  the  property  which  it  is  desired  to  clear. 

Art.  361.  The  practice  of  proceedings  for  clearing  title  shall  be  in 
accordance  with  the  following  rules: 

1.  The  interested  person  shall  present  to  the  proper  Eegister  a  peti- 
tion for  each  proceeding  instituted. 

2.  In  the  petition  shall  be  described  the  property  or  property  rights 
the  clearing  of  which  is  requested,  with  a  statement  of  the  encumbrances 
thereon  and  which  are  to  remain  in  force,  notwithstanding  the  clearing 
of  the  title,  the  legal  mortgages  and  unrecorded  interests,  as  well  as  all 
actions  to  establish  or  rescind  title  which  may  be  brought  against  the 
property,  if  there  be  any  and  they  be  known ;  the  names  of  the  persons 
interested  in  said  mortgages,  interests,  and  actions,  and  their  domiciles, 
if  they  be  known ;  the  names  of  the  wife  and  children  of  the  petitioner^ 
should  he  have  any,  giving  their  age,  status  (whether  married  or  single), 
and  domicile,  and  the  names  of  the  persons  who,  during  the  twenty  years 
immediately  preceding,  may  have  owned,  according  to  the  Registry, 
said  property  or  interests;  and  the  petition  shall  be  made  that  one  hun- 
dred and  eighty  days  be  fixed,  either  to  request  the  creation  of  a  special 
mortgage  to  replace  the  general  one  or  to  exercise  the  rights  and  actions 
which  the  persons  referred  to,  or  any  others,  may  have,  with  a  warning 
that,  should  they  not  be  brought  within  said  period  the  said  legal  mort- 
gages, rights,  or  actions  mentioned  shall  be  considered  as  extinguished 
with  regard  to  third  persons  who  may  subsequently  acquire  the  owner- 
ship or  a  property  right  in  any  of  the  property  cleared. 

3.  The  Register  shall  certify  at  the  end  of  this  document  as  to  the 
conformity  of  its  contents  with  the  entries  in  his  books,  should  they  so 
conform,  or  as  to  any  differences  which  may  exist. 

Should  the  differences  be  material,  he  shall  return  the  document  to 
the  interested  party  for  its  correction,  or  so  that  he  may  make  use  of 
his  privilege. 


69 

Should  the  differences  be  immaterial,  or  should  those  it  did  contain 
have  been  corrected,  the  Register  shall  consent  to  the  proceedings 
asked  for  in  the  petition  to  clear  title,  and  shall  make  a  report  to  the 
Judge  of  First  Instance  of  the  proper  subdistrict. 

4.  In  case  the  clearing  of  an  estate  located  within  the  jurisdiction  of 
several  Registries  is  requested,  the  Register  who  institutes  the  pro- 
ceedings  shall  notify  those  of  the  other  jurisdictions,  so  that  they  may 
issue  the  certificate  prescribed  in  the  preceding  rule,  each  one  for  the 
part  of  the  estate  which  corresponds  to  his  office,  for  which  purpose  the 
former  shall  transmit  a  complete  copy  of  such  part  of  the  petition  as 
may  be  necessary. 

5.  The  following  shall  be  notified  personally  or  by  means  of  a  notice 
in  accordance  with  the  provisions  of  Articles  246,  247,  250,  251,  252, 
and  253  of  the  Law  of  Civil  Procedure  of  the  Philippines;  262,  263,  266, 
267,  268,  and  269  of  the  same  law  for  Cuba  and  Puerto  Rico : 

First.  The  wife  and  children  of  the  petitioner,  should  he  have  any, 
and,  if  they  be  minors,  their  guardians,  or  in  the  absence  of  such,  the 
representative  of  the  Department  of  Public  Prosecution. 

Second.  The  persons,  if  there  be  any,  or  their  legitimate  representa- 
tives, who  appear  from  the  document  clearing  the  title  or  from  the 
Registry,  interested  in  any  legal  mortgages,  rights,  or  actions  which 
should  be  extinguished  on  clearing  the  title. 

Third.  The  persons,  if  they  exist,  who  during  the  last  twenty  years 
may  have  had,  according  to  the  Registry,  the  ownership  of  the  property 
or  interests  which  it  is  desired  to  clear. 

6.  In  notifying  each  person  interested  of  the  request  of  the  petitioner, 
a  notice  shall  be  delivered  to  each,  signed  by  the  Register,  stating: 

First.  The  name,  surname,  domicile,  status  (whether  married  or  sin- 
gle), and  profession  of  the  petitioner; 

Second.  The  property  described  in  the  petition  for  clearing  the  title; 

Third.  A  designation  of  the  part  of  the  property  which  he  desires  to 
clear,  should  it  not  be  the  entire  property; 

Fourth.  The  kind  of  legal  mortgage,  interest,  or  action  in  which  the 
person  notified  may  be  interested,  and 

Fifth.  The  period  of  one  hundred  and  eighty  days  allowed  in  which 
to  bring  an  action  and  the  Court  before  which  the  suit  must  be  insti- 
tuted. 

7.  The  notices  shall  be  made  by  said  Register  in  accordance  with  the 
above-mentioned  Articles  of  the  Law  of  Civil  Procedure,  if  the  persons 
notified  reside  in  the  same  town  where  the  Register  is  located. 

Should  they  reside  outside  of  said  town,  but  within  the  jurisdiction 
of  the  Registry,  the  Register  shall  send  a  communication  to  the  proper 
Municipal  Judge,  so  that  he  may  order  the  Secretary  to  make  said 
notification.  Should  they  reside  outside  of  the  jurisdiction  referred  to, 
the  Register  shall  communicate  the  fact  to  the  Judge  of  First  Instance 
of  the  subdistrict,  so  that  the  latter  may  issue  the  necessary  letters 
requisitorial. 


70 

8.  When  the  estate  which  it  is  desired  to  clear  is  mortgaged  in  favor 
of  the  Public  Treasury,  the  notification  shall  be  sent  to  the  Governor 
of  the  proper  Province,  or  to  the  high  official  having  jurisdiction  of  the 
matter  which  served  as  a  basis  for  the  mortgage. 

0.  Notifications  toother  persons  who  may  be  interested  shall  be  made 
by  means  of  a  proclamation,  posted  in  the  usual  places  in  the  town 
where  the  Registry  is  established  and  where  the  property  to  which  the 
clearing  of  title  refers  is  located,  said  edicts  being  also  published  in 
the  official  papers  of  the  respective  colony. 

The  proclamations  prescribed  in  the  preceding  paragraphs  shall 
6tate: 

First.  The  name,  surname,  residence,  status  (whether  married  or 
single),  and  the  profession  of  the  petitioner. 

Second.  A  statement  of  the  estates  which  the  latter  desires  to  clear, 
indicating  their  location,  name,  number,  area,  and  boundaries,  the  deed 
referring  to  their  last  acquisition,  and  the  name  of  their  former  owner. 

Third.  The  encumbrances  on  said  property  and  the  ones  which  are  to 
remain  in  force  notwithstanding  the  clearing  of  title. 

Fourth.  Legal  mortgages,  interests,  or  actions  to  which  they  are  or 
could  be  subject,  according  to  the  petition  of  the  claimant,  and  which 
are  to  be  extinguished  by  the  clearing,  should  no  objections  be  made. 

Fifth.  The  period  of  one  hundred  and  eighty  days  in  which  to  file 
the  claims  in  the  Court  of  First  Instance  to  which  the  Registry 
corresponds,  with  the  proper  notice. 

10.  The  period  of  one  hundred  and  eighty  days  shall  be  computed 
from  the  date  of  the  official  papers  in  which  the  proclamation  is  pub- 
lished, provided  all  the  notifications  prescribed  in  rules  7  and  8  have 
been  made  prior  thereto.  Should  they  not  have  been  made,  the  one 
hundred  and  eighty  days  shall  be  computed  from  the  last  notification 
made,  for  all  interested  persons  who  wish  to  file  some  objection. 

11.  During  the  period  of  one  hundred  and  eighty  days  the  proceed- 
ing for  clearing  the  title  shall  be  on  view  in  the  office  of  the  Register 
instituting  it,  so  that  all  persons  interested  may  examine  it. 

12.  After  the  period  of  said  one  hundred  and  eighty  days,  the  pro- 
ceedings and  all  the  papers  showing  the  notices  and  the  posting  of  the 
proclamations,  together  with  a  copy  of  the  official  papers  in  which  the 
latter  were  published,  shall  be  transmitted  by  the  Register  to  the 
proper  Judge  of  First  Instance  of  the  subdistrict. 

Art.  362.  Any  objections  which  may  have  been  presented  to  said 
Court  of  First  Instance  of  the  subdistrict,  in  consequence  of  the  peti- 
tion for  clearing  the  title,  shall  not  be  heard  until  the  Register  trans- 
mits the  proceedings,  in  accordance  with  the  provisions  of  the  preceding 
rule. 

Art.  363.  Before  hearing  the  objections  mentioned  in  the  preceding 
Article,  matters  regarding  declarations  of  poverty  may  be  heard,  and 
such  as  refer  to  the  issue  of  copies  or  certificates  of  public  documents, 


71 

which  are  to  serve  as  a  basis  for  said  objections,  and  any  others  which, 
in  the  judgment  of  the  Judge  of  First  Instance  of  the  subdistrict,  are 
considered  urgent. 

Art.  364.  Should  a  person  request  the  creation  of  a  special  mort- 
gage, a  copy  of  the  request  shall  be  given  the  petitioner,  proceeding  in 
the  manner  prescribed  by  Article  165. 

Art.  365.  If  more  than  one  person  should  request  such  mortgages, 
all  the  objections  shall  be  heard  in  one  trial  and,  until  a  final  decision 
is  rendered  thereon,  no  property  shall  be  declared  cleared. 

Art.  366.  If  any  rights  and  actions  have  been  brought  which  affect 
all  of  the  property  which  it  is  desired  to  clear,  they  shall  be  heard 
together  at  one  trial. 

Art.  367.  The  provisions  of  the  foregoing  Article  shall  only  be  made 
use  of  when  the  hearing  at  one  trial  is  compatible  with  the  nature  and 
object  of  the  claims. 

Art.  368.  In  case  the  actions  brought  only  affect  certain  estates, 
they  shall  be  heard  separately. 

Art.  369.  The  procedure  in  the  trials  instituted  in  consequence  of 
the  objections  referred  to  in  the  two  preceding  Articles,  shall  be  such 
as  are  respectively  prescribed  by  the  law  of  Civil  Procedure. 

Art.  370.  If  no  claim  has  been  filed  against  the  property  to  be 
cleared,  or  the  persons  who  have  a  right  to  demand  the  creation  of  a 
special  mortgage  forego  it,  with  regard  to  said  property,  or  the  actions 
brought  against  ail  of  the  property  in  question  have  been  ended,  or  if 
a  part  thereof  is  not  affected  by  the  objections  filed,  the  Judge  of  First 
Instance  of  the  subdistrict  shall  transmit  the  proceedings  for  clearing 
the  title  to  the  Department  of  Public  Prosecution  to  ascertain  whether 
said  proceedings  have  been  instituted  in  accordance  with  the  formali- 
ties prescribed  by  this  law,  and  to  determine  the  property  or  interests 
which  are  to  be  cleared. 

Art.  371.  Should  the  Department  of  Public  Prosecution  find  any 
inaccuracies,  they  shall  be  ordered  corrected,  as  well  as  those  which  the 
Court  should  deem  necessary  to  correct,  and,  after  being  confirmed, 
the  judgment  clearing  the  title  shall  be  entered. 

Art.  372.  The  judgment  clearing  the  title  shall  state: 

1.  The  name,  surname,  number,  area,  boundaries,  and  ownership  of 
each  of  the  estates  cleared. 

2.  Whether  it  has  been  issued  after  the  trial  of  other  suits  or  not, 
mentioning  such  suits. 

3.  The  fact  of  having  created  any  special  mortgage  or  mortgages  for 
the  security  of  interests  which  were  previously  guaranteed  by  legal 
mortgages  or  unrecorded  incumbrances,  or  that  said  mortgages  were 
not  created  on  account  of  the  renouncement  of  the  interested  parties, 
or  because  they  have  not  been  claimed,  or  because  none  existed. 

I.  The  incumbrances  remaining  on  the  property,  notwithstanding  the 
clearing. 


72 

5.  The  fact  that  said  estates  are  entirely  free  from  all  unrecorded 
incumbrances  or  legal  mortgages,  with  regard  to  third  persons  who 
may  later  acquire  the  ownership  or  a  property  right  in  the  same 
property. 

The  judgment  shall  be  made  public  in  the  manner  prescribed  in  the 
first  paragraph  of  rule  No.  9  of  Article  361. 

Art.  373.  In  the  ten  days  following  the  publication  of  the  procla- 
mation in  the  official  papers  of  the  proper  colony,  an  appeal  may  be 
taken  from  the  judgment  clearing  the  title  to  the  Audiencia  of  the 
jurisdiction,  by  persons  who  may  have  been  injured  thereby,  and  who 
prove  that  by  force  majeure,  or  for  other  reasons,  it  was  impossible  for 
them  to  file  their  claim  within  the  one  hundred  and  eighty  clays 
mentioned  in  rule  10,  of  said  Article  361. 

The  proper  remedy  by  cassation  may  be  had  from  the  decision  of  the 
Audiencia. 

Should  no  appeal  be  taken  within  ten  days,  or  if  the  appeal  taken  is 
finally  disposed  of,  confirming  the  judgment  clearing  the  title,  no 
appeal  may  be  taken  from  the  latter  to  the  prejudice  of  third  persons. 

Art.  374.  The  Judge  of  First  Instance  of  the  subdistrict  shall  order 
that  a  certified  copy  of  the  judgment  be  issued  and  delivered  to  the 
person  interested,  so  that  he  can  present  it  to  the  proper  Eegistry,  and 
that  the  papers  in  the  case  be  filed. 

If  an  estate  has  been  cleared  which  is  situated  in  the  jurisdiction  of 
several  Eegistries,  a  certified  copy  shall  be  delivered  for  each  of  them, 
confined  to  the  property  situated  therein. 

Art.  375.  The  Eegister  to  whom  the  certified  copy  of  the  judgment 
is  presented  shall  make  a  note  thereof  in  the  special  Eegistries  for 
estates  or  interests  cleared,  stating  briefly  the  contents  of  said  judg- 
ment, so  far  as  it  refers  to  each  estate.  After  this  has  been  done,  the 
certified  copy  shall  be  filed  in  the  Eegistry. 

Art.  376.  In  judgments  clearing  the  title  the  intervention  of  attor- 
neys or  solicitors  shall  not  be  necessary. 

The  stamped  paper  employed  shall  be  such  as  is  designated  by  law. 

Eegisters  may  demand,  for  the  certificate  prescribed  in  rule  3  of 
Article  361,  the  fees  fixed  in  the  Schedule  accompanying  this  law;  for 
the  notifications  which  they  make  and,  for  the  posting  of  proclamations, 
fees  which  Clerks  of  Courts  of  First  Instance  receive  for  the  same  work, 
according  to  the  schedule  in  force  for  judicial  matters,  and  for  the 
entries  of  judgments  in  the  special  Eegistries  of  property,  50  cents  for 
each  entry. 

In  the  Courts  of  First  Instance  the  fees'  charged  shall  be  in  accord- 
ance with  the  schedule  mentioned. 

Art.  377.  Persons  who  may  have  the  ownership  only  of  realty  or 
property  rights  recorded,  may  clear  them,  in  accordance  with  the  pro- 
visions of  the  preceding  Articles,  with  the  following  modifications: 

1.  In  the  petition  requesting  the  clearing  of  the  title,  in  the  notices 
which  are  to  be  delivered  to  the  persons  to  be  notified,  and  in  the 


73 

edicts  shall  be  stated  the  date  of  ttie  entries  or  the  dates  of   the 
entries  of  ownership. 

2.  The  period  of  one  hundred  and  eighty  days  mentioned  in  Article 
361  shall  be  extended  to  one  year. 

3.  Notice  of  the  petition  for  clearing  the  title  must  necessarily  be 
given  to  the  Mayor  of  the  town  located  in  the  district  where  the  prop- 
erty, which  it  is  desired  to  clear,  is  located. 

Art.  378.  Persons,  who  neither  have  the  ownership  nor  the  possession 
of  the  realty  or  the  property  rights  recorded,  aud  wish  to  record  said 
ownership,  in  accordance  with  the  formalities  mentioned  in  Articles  395 
el  seq.,  may  request  their  clearing  in  the  same  proceedings,  which  must 
be  instituted  before  the  Court  of  First  Instance  of  the  subdistrict  in 
which  the  property  is  located,  provided  the  instrument,  the  notices 
which  have  to  be  issued  to  those  interested,  and  the  edicts,  contain  all 
the  details  prescribed  in  said  Articles,  and  in  Artisle  361. 

The  Judge  of  First  Instance  of  the  subdistrict  shall  also  proceed  in 
accordance  with  the  provisions  of  said  Articles  aud  Article  362  et  seq. 
up  to  273,  inclusive,  with  such  changes  as  may  be  indispensable  for  the 
different  cases. 

Art.  379.  The  records  of  ownership  which  are  made  by  virtue  of  the 
judgments  entered,  in  accordance  with  the  proceedings  referred  to  in 
the  foregoing  Article,  shall  contain  a  statement  to  the  effect  that  the 
property  is  cleared,  with  a  brief  statement  of  that  part  of  the  judgment 
which  relates  thereto. 

Art.  380.  Persons  who  have  recorded  neither  the  ownership  nor  the 
possession  of  the  realty  or  property  rights,  and  desire  to  record  only 
the  possession,  can  not  request  the  judgment  clearing  the  title  to  said 
property,  or  interests,  until  they  have  obtained  such  record,  proceeding 
in  this  case  in  accordance  with  the  provisions  of  Article  377. 

Art.  381.  Property  acquired  through  inheritance  or  legacy,  can  not 
be  cleared  until  five  years  have  elapsed  from  the  date  of  their  record 
in  the  Kegistry. 

Art.  382.  Exceptions  to  the  rule  contained  in  the  preceding  Article 
are  the  property  acquired  by  legal  heirs. 

Art.  383.  Persons  who  on  the  day  this  law  is  put  into  operation  have 
several  estates  of  their  ownership  encumbered  by  an  annuity  (censo), 
or  voluntary  mortgage,  the  principal  of  which  has  not  yet  been  dis- 
tributed among  them,  shall  have  a  right  to  demand  that  it  be  divided 
among  those  sufficient  to  secure  said  principal  three  times  over,  in 
accordance  with  the  provisions  of  Article  119. 

If  one  of  the  estates  should  be  sufficient  to  secure  said  sum,  it  can 
also  be  demanded  that  the  lien  be  reduced  to  the  same. 

If  two  or  more  of  the  estates  in  question  must  remain  encumbered, 
each  one  must  be  sufficient  to  secure  three  times  over  that  part  of  the 
principal  which  it  guarantees. 

Art.  384.  The  creditor  or  owner  of  the  annuity  (eensualista),  may 
also  demand  the  division  and  reduction  of  the  encumbrance  in  the  case 


74 

mentioned  in  the  preceding  Article,  should  the  debtor  or  the  person 
paying  the  annuity  (censatario)  not  do  so. 

Art.  385.  If  the  estates  charged  with  annuities  (acensuados),  or 
mortgaged  in  the  manner  described  in  Article  383,  should  not  be  suffi- 
cient to  secure  three  times  over  the  principal  of  the  annuity  (censo)  or 
the  debt,  the  division  of  said  principal  can  be  demanded  only  among 
said  estates,  in  proportion  to  their  respective  value,  but  not  the  clear- 
ing of  any  of  them. 

Art.  386.  The  division  and  reduction  of  the  annuities  (censos)  and 
mortgages,  mentioned  in  the  preceding  Articles,  shall  be  made  by 
mutual  agreement  between  all  persons  who  may  be  interested  in  the 
continuance  of  either. 

Should  the  parties  interested  not  come  to  an  agreement,  or  if  any 
one  of  them  is  an  unidentified  person,  said  division  and  reduction  shall 
be  decreed  by  the  Court  in  a  declaratory  suit  and  with  the  intervention 
of  the  Department  of  Public  Prosecution,  should  there  be  any  uniden- 
tified or  unknown  interested  persons. 

Art.  387.  If  the  division  or  reduction  of  the  annuity  (censo)  or  mort- 
gage is  agreed  to  by  all  the  persons  interested,  it  must  appear  by  means 
of  a  public  instrument. 

Should  a  suit  have  been  instituted  and  a  judgment  rendered,  the 
Court  shall  issue  the  proper  mandate. 

The  annuities  (censos)  which  have  not  been  imposed  on  specified 
estates,  but  which  have  been  secured  by  a  general  mortgage  of  all  the 
property  of  the  persons  who  created  them,  shall  be  understood  as 
embraced  in  this  Article,  as  well  as  in  those  following  Article  383; 
therefore,  the  owner  of  the  annuity  (censualista)  may  demand  that  a 
lien  for  the  annuity  be  created  on  property  indicated,  which  is  the  pos- 
session of  the  person  paying  the  annuity,  should  the  latter  not  do  so 
voluntarily. 

Art.  388.  Through  the  presentation  of  the  document,  or  in  a  proper 
case,  of  the  judicial  mandate,  the  new  mortgage  or  lien  shall  be  recorded 
in  the  Piegistry  according  to  the  manner  in  which  it  has  been  created, 
and  the  previous  ones  which  are  to  be  replaced  thereby  shall  be  can- 
celed, should  they  have  been  recorded. 

Title  XIV. 

UNRECORDED  DOCUMENTS  AND   RECORDS   OF   POSSESSION. 

ART.  389.  From  the  time  this  law  goes  into  operation,  no  document 
or  instrument  which  has  not  been  recorded  in  the  Registry  shall  be 
admitted  in  the  ordinary  or  special  Courts  or  Tribunals,  in  the  Councils 
or  offices  of  the  Government,  by  which  interests  subject  to  record  are 
created,  conveyed,  acknowledged,  modified,  or  extinguished,  according 
to  the  same  law,  if  the  object  of  the  presentation  be  to  enforce,  to 
the  prejudice  of  third  persons,  the  interests  which  should  have  been 
recorded. 


75 

Notwithstanding  the  provisions  of  the  preceding  Article,  the  docu- 
ment which  has  not  been  recorded,  but  which  should  have  been,  may 
be  admitted  to  the  prejudice  of  third  persons,  if  the  object  of  the  pre- 
sentation be  only  to  corroborate  another  subsequent  instrument  which 
had  been  recorded. 

This  document  may  also  be  admitted,  if  it  is  presented  to  demand  a 
declaration  of  nullity  and  consequent  cancellation  of  some  entry  which 
prevents  the  record  of  said  document. 

Art.  300.  To  facilitate  the  compliance  of  the  preceding  Article,  to 
owners  who  lack  a  recorded  title  of  ownership,  no  matter  at  what  period 
the  acquisition  took  place,  they  shall  be  permitted  to  record  their  inter- 
est by  previously  proving  their  possession,  before  the  Judge  of  First 
Instance  of  the  place  where  the  estates  are  located,  with  the  consent 
of  the  Department  of  Public  Prosecution  and  citation  of  the  adjacent 
property  owners,  should  they  desire  to  record  the  absolute  ownership 
of  some  estate,  and  with  the  citation  of  the  owner  or  other  participants 
in  the  ownership,  should  they  desire  to  record  some  property  right. 

If  the  estates  are  located  in  a  town  or  township  where  no  Judge  of 
First  Instance  of  the  subdistrict  resides,  said  proceedings  may  be  held 
before  the  proper  Municipal  Judge,  with  the  consent  of  the  representa- 
tive of  the  Public  Prosecutor. 

The  intervention  of  the  Department  of  Public  Prosecution  shall  be 
limited  to  seeing  that  the  formalities  of  law  are  observed  in  the  pro- 
ceedings. 

Art.  301.  In  the  preparation  of  the  papers  to  which  the  preceding 
Article  refers,  the  following  rules  shall  be  observed: 

First.  The  document  in  which  the  admission  of  the  proceedings  is 
requested  shall  contain : 

1.  The  nature,  location,  area,  boundaries,  name,  and  incumbrances 
on  the  estate,  the  possession  of  which  it  is  desired  to  prove. 

2.  The  legal  nature,  value,  conditions,  and  incumbrances  on  the  prop- 
erty right,  the  possession  of  which  is  in  question,  and  the  nature,  loca- 
tion, boundaries,  and  name,  should  it  have  any,  of  the  estate  on  which 
such  right  exists. 

3.  The  name  and  surnames  of  the  person  from  whom  the  realty  or 
interest  was  acquired. 

4.  The  length  of  time  the  possession  has  been  had.  The  circum- 
stance of  demanding  a  written  title  or  the  difficulty  of  finding  it,  should 
it  exist. 

Second.  The  proceedings  shall  be  held  in  the  presence  of  two  or 
more  witnesses,  landowners  of  the  town  or  municipal  district  in  which 
the  estates  are  located. 

Third.  The  witnesses  shall  prove  that  they  have  the  qualifications 
mentioned  in  the  preceding  rule,  presenting  the  document  necessary 
for  this  purpose. 

They  shall  limit  their  testimony  to  the  statement  that  the  person 
who  instituted  the  proceedings  possesses  the  estates  in  his  own  name, 


76 

and  to  the  time  of  said  possession,  and  they  shall  be  responsible  for  any 
damage  they  may  cause  by  the  inaccuracy  of  their  depositions. 

Fourth.  The  person  who  desires  to  have  his  possession  recorded,  shall 
present  a  certificate  of  the  Mayor  or  official  intrusted  with  the  collec- 
tion of  land  taxes  in  the  town  of  the  municipal  district  in  which  the 
estates  are  located.  This  certificate  shall  clearly  set  forth,  in  accordance 
with  the  assessment  roll,  sworn  statements  or  documents  presented  by 
the  taxpayers,  or  other  data  from  municipal  offices,  that  the  person 
interested  pays  the  taxes  as  the  owner  of  the  property,  stating  the 
amount  paid  on  each  estate,  if  it  appears,  and  should  this  not  be  pos- 
sible, it  shall  be  stated  that  all  of  them  were  taken  into  account  at  the 
time  of  the  last  assessment. 

When  no  quarterly  payment  of  taxes  has  been  made  because  the 
acquisition  has  been  recent,  the  person  from  whom  the  realty  was 
acquired  shall  be  notified  of  the  proceedings,  or  his  heirs,  so  that  they 
may  declare  whether  they  have  any  objections  to  make  against  its 
record. 

If  the  person  requesting  it  is  an  heir  of  the  previous  possessor,  he 
shall  present  the  last  receipt  for  the  taxes  which  may  have  been  paid, 
or  any  other  document  showing  that  the  payment  was  made. 

Fifth.  If  the  owners  of  the  contiguous  estates,  or  the  part  owner  of 
the  property  or  interests  in  an  estate,  who  must  be  cited,  are  absent? 
and  their  whereabouts  are  known,  the  Court  shall  cite  them  by  means 
of  a  communication,  if  they  reside  in  the  colonies,  or  he  shall  address 
himself  through  the  Colonial  Department,  if  the  persons  are  to  be 
found  in  the  Peninsula,  or  in  any  of  the  other  colonies.  If  their  resi- 
dence be  in  some  foreign  country,  the  communication  shall  be  addressed 
through  the  same  official  channels  to  the  consul  of  the  country  in 
which  they  are  residing,  requesting  them  to  appear  in  person  or  by 
proxy  within  the  period  deemed  convenient,  according  to  the  distance, 
and  which  can  not  be  less  than  ninety  days,  computed  from  the  date 
of  the  notice. 

If  their  whereabouts  are  unknown,  they  shall  be  cited  by  means  of 
official  edict  published  in  the  official  papers  of  the  proper  Colony,  and 
within  the  period  of  ninety  days ;  and,  if  at  the  end  of  this  period  the 
persons  cited  should  not  appear,  the  Court  shall  approve  the  proceed- 
ings and  order  that  the  record  of  the  interest  be  made  without  preju- 
dice to  the  interests  of  said  contiguous  owners  or  part  owners,  and 
stating  that  the  latter  have  not  been  heard  in  the  proceedings. 

The  record  shall  in  such  case  also  contain  said  statement. 

Sixth.  Any  person,  who  believes  that  he  has  a  right  to  the  estates 
or  a  part  thereof,  the  record  of  which  is  requested  through  an  informa- 
tion as  to  possession,  may  institute  a  declaratory  suit  to  enforce  it 
before  the  Court  of  competent  jurisdiction. 

The  interposition  of  this  claim  and  its  entry  in  the  Eegistry  shall 
suspend  the  course  of  the  proceedings  with  regard  to  the  information, 
or  the  entry  thereof,  should  they  already  have  been  concluded  and 
approved. 


77 

Art.  392.  Should  the  notice  drawn  in  accordance  with  the  form  pre- 
scribed in  the  preceding  Article,  be  sufficient,  and  there  be  no  oppo- 
sition by  a  person  having  a  right  thereto,  or  such  a  position  as  was 
made,  having  been  abandoned,  the  Court  shall  approve  the  proceedings, 
and  order  that  the  record  requested  be  made  in  the  Registry  without 
prejudice  to  a  third  person  having  a  better  claim. 

The  possessor  who  may  have  acquired  the  decree  mentioned  in  the 
preceding  paragraph,  shall  present  to  the  Registry,  in  requesting  the 
proper  record,  the  original  papers  in  the  case  which  have  been  turned 
over  to  him  for  this  purpose,  being  permitted  to  transmit  therewith  a 
copy  of  the  same  on  common  paper,  should  he  desire  to  keep  them, 
whicb,  after  being  compared  by  the  Register  and  the  certificate  of  com- 
parison attached  thereto,  shall  be  returned  to  him,  the  original  in  all 
cases  being  filed. 

Art.  393.  Registers,  before  recording  any  estate  or  interest  by  vir- 
tue of  the  notices  prescribed  in  the  three  foregoing  Articles,  shall  care- 
fully examine  the  Registry  to  ascertain  whether  it  contains  any  entry 
relating  to  the  said  realty,  which  may  be  totally  or  partially  canceled 
in  consequence  of  said  record. 

Should  he  find  any  record  of  acquisition  of  ownership  or  possession 
not  canceled,  and  which  is  in  contravention  to  the  fact  of  possession 
justified  by  the  judicial  information,  he  shall  suspend  the  record,  enter 
a  cautionary  notice,  if  requested  to  do  so  by  the  person  interested,  and 
shall  transmit  a  copy  thereof  to  the  Court  which  approved  said 
information. 

The  Judge,  thereupon  and  on  the  citation  and  consent  of  the  persons 
who.  according  to  said  record,  may  have  some  interest  in  the  realty, 
shall  confirm  or  revoke  the  decree  of  approval,  in  either  case  communi- 
cating the  decision  rendered  to  the  Register  so  that  he  may  either  make 
the  record  or  cancel  the  cautionary  notice. 

If  the  persons  who  should  be  cited  are  absent,  the  formalities  pre- 
scribed by  rule  No.  5  of  Article  391  shall  first  be  complied  with. 

Should  the  Register  find  uncanceled  any  record  of  an  annuity  (censo), 
mortgage,  or  any  property  right  in  the  estate  which  should  be  recorded, 
he  shall  make  the  entry  of  possession  requested  by  virtue  of  judicial 
information,  but  he  must  state  therein  the  existence  of  such  record. 

Entries  of  possession  shall  be  converted  into  records  of  ownership 
when  they  have  the  following  requisites: 

1.  That  twenty  years  have  elapsed  since  the  date  of  entry. 

2.  That  the  conversion  of  the  entry  of  possession  be  announced  by 
means  of  a  proclamation  in  the  proper  Official  Bulletin,  so  that  persons 
interested,  who  consider  themselves  prejudiced  thereby,  may  object  by 
bringing  the  proper  action  within  the  period  of  thirty  days;  and 

3.  That  after  the  periods  mentioned  in  the  preceding  paragraphs 
having  elapsed,  no  entry  or  note  exists  in  the  Registry  indicating  that 
the  prescription  has  been  interrupted. 


78 

For  this  purpose,  if  the  interruption  be  a  natural  one,  it  shall  be 
proven  in  a  summary  procedure  before  the  Judge  of  the  Municipality 
where  the  property  is  located,  the  cause  thereof,  and  how  the  possession 
ceased  on  that  account  for  more  than  one  year;  and  the  certified  copy 
having  been  issued,  the  proper  note  shall  be  made  at  the  margin  of  the 
entry  of  possession.  If  the  possession  has  been  civilly  interrupted,  it 
shall  be  so  stated  in  the  Registry,  either  by  means  of  a  marginal  note 
made  by  virtue  of  a  communication  from  the  Court,  in  which  the  citation 
of  the  person  possessing  the  property  shall  be  copied,  or  by  reason  of 
the  presentation  of  a  certified  copy  of  the  agreement,  either  by  means 
of  a  cautionary  notice  of  the  claim,  the  effects  of  which  shall  retroact  to 
the  date  of  the  presentation  to  the  Eegistry  of  the  copy  of  said  agree- 
ment, or  by  the  record  of  the  instrument  which  contains  the  express  or 
implied  acknowledgment  of  the  right  of  the  owner  by  the  person  in 
possession.  Thirty  days  after  the  twenty  years  have  elapsed  the  Reg- 
isters shall,  at  the  instance  of  the  persons  interested,  ma'<e  the  proper 
record  of  conversion,  if  the  requisites  mentioned  in  the  preceding  para- 
graph have  been  complied  with. 

Art.  304.  Records  of  possession  shall  contain  all  the  details  men- 
tioned in  Article  391,  and  also  the  names  of  the  witnesses  who  may 
have  testified,  the  result  of  their  depositions,  the  result  of  other  inves- 
tigations made  in  the  proceedings,  the  opinion  of  the  Department  of 
Public  Prosecution,  and  the  special  circumstances  of  the  record,  accord- 
ing to  its  character,  so  far  as  they  appear  from  the  papers  in  the  case. 

If  the  twenty  years  calculated  from  the  date  of  the  entry  have  not 
elapsed,  or  the  requisites  mentioned  in  Article  393  of  this  law  have  not 
been  complied  with,  the  entries  of  possession  shall  have  the  legal  effect 
embraced  in  the  provisions  contained  in  the  following  paragraphs. 

The  period  of  possession  which  appears  to  have  elapsed  at  the  time 
said  entries  are  made  shall  be  computed  for  the  prescription  which  does 
not  require  a  just  title,  unless  a  person  prejudiced  thereby  denies  it,  in 
which  case  said  period  of  possession  must  be  proven  in  accordance  with 
the  common  law. 

Entries  of  possession  shall  prejudice  or  favor  third  persons  from  the 
date  of  their  record,  but  only  with  regard  to  the  effects  which  the  laws 
attribute  to  mere  possession. 

The  entry  of  possession  shall  not  prejudice  the  person  who  has  a 
better  right  to  the  ownership  of  the  realty,  although  his  title  has  not 
been  recorded,  unless  the  prescription  has  confirmed  and  secured  the 
claim  recorded.  Between  the  parties  the  possession  shall  be  effectual 
from  the  date  prescribed  by  the  common  law. 

The  provisions  contained  in  the  preceding  Articles,  regarding  the 
entries  of  possession,  can  not  be  applied  to  mortgage  rights,  which  can 
not  be  recorded  unless  an  instrument  in  writing  is  presented. 

Art.  395.  Any  person  in  possession,  who  should  not  have  a  written 
title  of  ownership,  without  regard  to  the  period  the  acquisition  took 


79 

place,  may  record  said  ownership  by  complying  with  the  following 
formalities : 

1.  He  shall  present  to  the  Judge  of  First  Instance  of  the  subdistrict 
in  which  the  estates  are  located,  or  to  the  one  in  whose  district  the 
principal  part  thereof  is  located,  if  it  is  an  estate  situated  in  various 
subdistricts,  explaining  the  manner  in  which  he  acquired  them,  and  the 
legal  proofs  which  he  can  otter  of  said  acquisition,  and  requesting  that, 
with  the  citation  of  the  person  from  whom  said  property  was  acquired 
or  his  legal  representative,  and  of  the  Department  of  Public  Prosecu- 
tion, the  proofs  mentioned  be  admitted  and  his  right  declared. 

2.  The  Judge  shall  give  a  copy  of  this  document  to  the  Department 
of  Public  Prosecution,  shall  cite  the  person  from  whom  the  property 
was  acquired  or  his  legal  representative,  should  he  be  known,  and  the 
persons  who  have  any  property  right  in  said  property;  he  shall  admit 
all  the  pertinent  proofs  which  may  be  offered  by  the  claimant,  by  the 
interested  persons  cited,  or  by  the  Department  of  Public  Prosecution, 
within  the  period  of  one  hundred  and  eighty  days,  and  he  shall  issue  a 
call  for  the  unknown  persons  whom  the  desired  record  might  prejudice, 
by  means  of  proclamations  posted  in  public  places,  and  which  shall  be 
published  three  times  in  the  official  papers  of  the  proper  colony,  so 
that  they  may  appear,  if  they  desire  to  substantiate  their  claim. 

If  the  persons  to  be  cited  should  be  absent,  the  procedure  established 
for  citations  in  rule  number  5  of  Article  391  shall  be  pursued. 

3.  After  said  period  has  elapsed,  the  Judge  shall  take  cognizance  of 
the  claims  and  proofs  submitted,  in  writing,  to  the  Department  of  Pub- 
lic Prosecution,  or  to  others  taking  part  in  the  suit,  and  in  view  of  their 
allegations,  and  deciding  on  said  proofs  with  an  impartial  judgment, 
he  shall  declare  whether  the  ownership  of  the  property  in  question  is 
proven  or  not. 

4.  The  Department  of  Public  Prosecution,  or  any  of  the  persons 
interested,  may  appeal  from  this  decision,  and,  should  they  do  so,  the 
appeal  shall  be  conducted  in  the  manner  prescribed  for  proceedings  in 
the  nature  of  a  demurrer  by  the  Law  of  Civil  Procedure. 

5.  If  said  decision  is  agreed  to  or  confirmed,  it  shall  be  sufficient  title 
for  the  record  of  the  ownership. 

(i  When  the  value  of  the  realty  does  not  exceed  1,000  pesos,  the  pro- 
ceedings which,  according  to  rule  3,  must  be  submitted  in  writing  to 
the  Department  of  Public  Prosecution  and  to  the  persons  interested, 
shall  be  oral;  and  the  appeal,  should  one  be  taken,  shall  be  in  accord- 
ance with  the  procedure  established  for  these  appeals  in  actions  for 
small  amounts. 

Art.  396.  The  person  in  possession  of  a  property  right  to  some 
estate,  the  owner  of  which  should  not  have  recorded  said  ownership 
when  this  law  is  put  into  operation,  may  request  the  record  of  his 
interest  in  the  manner  prescribed  by  the  regulations,  as  well  as  a  cau- 
tionary notice  of  the  interest  of  the  owner,  in  accordance  with  number 


80 

9  of  Article  42,  until  the  owner  of  the  realty,  on  being  cited,  conies 
forward  to  contradict  the  entry  or  to  record  his  property  within  the 
period  of  thirty  days. 

The  owner  of  the  encumbered  estate  can  not  impugn  this  entry 
unless  he  requests  at  the  same  time  a  record  of  ownership,  presenting 
the  proper  deed  or  proof  of  having  commenced  proceedings  disputing 
title  and  demanding  the  judicial  declaration  of  said  ownership. 

Should  the  owner  of  the  realty  be  absent,  the  formalities  provided 
for  citations  in  rule  number  5  of  Article  391  shall  first  be  complied  with, 
and  the  time  shall  be  computed  from  the  date  of  the  notice. 

Title  XV. 

EFFECTS  OF  ENTRIES  CONTAINED  IN  THE  OLD  BOOKS  AND  OF  THE 
RESTORATION  OF  THOSE  RENDERED  USELESS  BY  FIRE  OR  OTHER 
ACCIDENTS. 

Art.  397.  The  entries  contained  in  the  Registries  existing  in  the 
offices  of  "Contadurias,"  "Anotadurias,"  or  "  Receptorias  "  of  mort- 
gages shall  have  their  proper  effect,  in  accordance  with  the  law  in  force 
before  the  mortgage  law  was  put  into  operation  in  the  respective  colo- 
nies, if  said  entries  have  been  or  are  transferred  to  the  new  books  ot 
the  Registry. 

Records  of  annuities  (censos),  mortgages,  liens  or  any  other  prop- 
erty right  contained  in  said  books  existing  in  the  offices  of  the  Contadu- 
rias, Anotadurias,  or  Receptorias  of  mortgages  must  be  transferred  to 
the  books  of  the  new  Registry  within  the  period  of  one  year  from  the 
time  of  the  promulgation  of  this  law.  This  transfer  must  be  made  at 
the  request  of  an  interested  party. 

If  the  transfer  is  solicited  through  a  request  addressed  to  the  Regis- 
ter withiu  said  period,  the  effects  of  the  transfer  shall  retroact  to  the 
date  of  the  entry  in  the  old  books,  this  fact  being  stated  in  the  new 
ones.  If  the  request  is  filed  at  a  subsequent  date  it  can  not  prejudice 
third  persons. 

If  the  encumbered  estates  should  not  be  recorded  either  in  the  old 
or  in  the  new  Registry,  the  record  of  ownership  or  possession  must 
first  be  made  in  the  manner  prescribed  by  the  present  laws  in  force,  at 
the  instance  of  the  person  who  has  the  property  right  in  question 
recorded  in  his  name. 

If  the  person  who  requests  the  transfer  is  not  the  same  one  in  whose 
favor  the  lien  is  recorded,  he  may  have  it  recorded  in  his  name,  either 
by  presenting  the  deeds  of  ownership  proving  his  right,  or  by  proving 
that  he  is  actually  in  possession  thereof,  by  any  of  the  means  indicated 
in  Title  XIV  of  this  law ;  but  the  person,  or  his  legal  representatives, 
who,  according  to  the  Registry,  appears  to  have  an  interest  in  the  lien, 
must  always  be  cited,  either  personally  or  through  a  proclamation. 

If,  in  transferring  the  records  referred  to  in  the  present  Article,  some 
of  their  details  are  taken  from  additional  notes  presented  by  the  inter- 


81 

ested  parties,  the  part  of  the  new  records  referring  to  said  details,  shall 
not  prejudice  third  persons. 

In  case  the  details  presented  refer  to  the  boundaries  of  an  agricul- 
tural estate,  that  part  of  the  record  relating  thereto  shall  prejudice  the 
owners  of  the  contiguous  land  who  may  have  signed  it. 

Owners  of  annuities  (censos),  incumbrances,  and  other  interests  who 
request  the  transfer  of  the  records  contained  in  the  old  Registries, 
within  the  time  fixed  by  this  Article,  shall  be  exempted  from  the  pay- 
ment of  the  fees,  fines,  and  charges  for  delay  in  the  proceedings  which 
took  place  before  said  period  had  elapsed,  and  for  the  entry  made  in 
their  favor,  and  they  shall  pay  the  Registers  only  half  the  usual  fees, 
it  being  understood  that  in  the  new  Registry  not  more  than  one  entry 
shall  be  made  for  each  incumbrance  of  property  right,  which  shall 
include  the  old  one,  the  conveyances  which  took  place  thereafter,  and 
the  interest  of  the  person  in  possession. 

Records  contained  in  the  books  of  the  Registry,  prior  to  said  date, 
shall  have  all  the  effects  of  entries  subsequent  thereto  with  regard  to 
the  interests  they  set  forth,  although  the  former  may  lack  some  of  the 
details  which,  under  penalty  of  nullity,  are  required  by  Articles  9  and 
13  of  this  law,  and  although  they  are  not  transferred  to  the  new  books. 

Art.  398.  If,  on  account  of  some  accidental  or  intentional  destruc- 
tion, the  books  of  the  Registry  of  property  are  totally  or  partially 
destroyed,  the  judicial  authority  usually  delegated  to  inspect  the  Reg- 
istries, shall  without  loss  of  time  make  an  extraordinary  inspection  with 
the  assistance  of  the  Register  or  his  substitute,  and,  in  the  absence  of 
both,  with  the  Department  of  Public  Prosecution,  and  the  report  thereof 
shall  contain  as  clearly  as  possible  the  condition  of  the  Registry, 
stating  the  books  or  parts  thereof  which  have  been  destroyed  and 
the  measures  provisionally  adopted  to  attend  to  the  public  service. 

When  the  inspection  has  been  made,  the  said  official  shall,  as  soon  as 
possible,  transmit  to  the  Colonial  Minister  a  copy  of  said  report  through 
the  President  of  the  Audiencia. 

Art.  399.  Instruments  which  can  not  be  definitely  recorded  on  account 
of  the  loss  or  destruction  of  the  books  of  the  Registry,  shall  be  entered 
as  a  cautionary  notice,  in  accordance  with  number  8  of  Article  42. 

The  entry  made  for  this  reason  shall  cease  to  be  effectual  after  the 
termination  of  the  period  mentioned  in  the  following  Article,  if  the 
instruments  proving  the  acquisition  of  the  estate  or  right  have  not  been 
entered  before  this  law  is  put  into  operation. 

Art.  400.  The  records,  entries,  marginal  notes,  and  other  memo- 
randa contained  in  the  books  of  the  old  offices  of  the  Contadurias, 
Anotadurias,  or  Receptorias  of  mortgages,  or  in  those  of  the  Registry 
of  property,  which  have  been  totally  or  partially  destroyed  by  fire, 
Hood,  or  other  casualty  due  to  force  majeure,  accidental  or  intentional, 
may  be  restored,  by  again  presenting  the  documents  to  which  said 
entries  referred,  within  the  period  of  one  year,  and  in  accordance  with 
19539 G 


82 

the  rules  prescribed  by  this  law.  The  Colonial  Department  shall,  by  a 
special  order,  fix  the  date  from  which  said  period  is  to  be  computed  for 
each  Eegistry. 

Art.  401.  In  all  cases  the  instruments  shall  have  to  be  presented  which 
contain  the  memorandum  showing  that  cognizance  has  been  taken  of 
them,  or  that  they  have  been  entered  or  recorded  in  the  proper  book, 
provided  that  the  acquisition  of  the  estate  or  right  is  proved,  before  the 
date  this  law  is  put  into  operation.  When  the  record  is  copied,  the 
Eegister  shall  write  and  sign  on  the  instrument  another  memorandum 
stating  this  fact. 

Art.  402.  The  other  documents  intended  to  correct  the  inaccuracies 
of  the  recorded  instruments  shall  also  be  presented. 

Art.  403.  The  person  in  possession  of  any  annuity  (censo),  mort- 
gage, servitude,  or  any  other  property  right  in  an  estate,  the  owner  of 
which  has  not  recorded  nor  re-recorded  his  ownership,  may  request 
that  his  interest  be  again  recorded,  provided  that  the  acquisition  of 
the  ownership  or  possession  of  the  estate  can  be  proven  by  the  instru- 
ment or  other  authentic  documents  presented. 

The  record  of  this  ownership  shall  be  made  in  accordance  with  the 
general  rules,  and  without  prejudice  to  the  right  of  the  owner  to  make 
additions  thereto,  or  to  correct  it  on  the  presentation  of  new  documents. 

Art.  404.  The  owner  who  does  not  have  in  his  possession  the  instru- 
ments previously  recorded,  and  who  proves  the  destruction  or  loss  of 
the  originals  or  of  the  drafts  thereof,  may  replace  this  loss  at  any  time 
and  again  record  the  ownership  or  possession,  in  accordance  with  any 
of  the  measures  prescribed  by  Articles  390,  391,  and  395. 

Art.  405.  Eegisters  can  not  refuse  to  again  record  instruments  which 
have  already  been  recorded. 

Should  they  perceive  any  error  which  can  not  be  corrected,  they  shall 
confine  themselves  to  showing  it,  so  as  to  avoid  all  responsibility. 
Should  it  be  capable  of  correction,  they  shall  proceed  in  accordance 
with  Articles  19,  6G,  and  402. 

Art.  406.  Eegisters  who  have  in  the  books  of  the  old  offices  of  Con- 
tadurias,  Anotadurias,  or  Eeceptorias,  records  corresponding  to  those 
contained  in  the  books  destroyed,  shall  forward  a  detailed  statement 
thereof  to  the  office  where  the  accident  happened,  within  the  period  of 
one  year  mentioned. 

Without  prejudice  thereto,  said  officials  shall  issue  true  copies  of  the 
entries  or  records,  which  the  interested  parties  may  request  for  the 
purposes  of  this  law.    For  these  certificates  they  shall  receive  no  fees. 

Art.  407.  When  several  instruments  are  presented  which  have 
already  been  recorded,  showing  the  subsequent  conveyances  of  the 
ownership  of  the  estate,  or  of  any  of  the  property  rights  therein,  they 
shall  all  be  embraced  in  one  entry. 

Estates  shall  be  given  the  correlative  number  which  belongs  to  them, 
according  to  the  order  established  by  the  Eegister  after  the  destruc- 


83 

tion.  In  the  new  entries  or  records,  there  shall  be  stated  the  number 
which  the  estate  has  previously  had. 

Art.  408.  The  records  and  other  entries  which  are  replaced  in  accord- 
ance with  this  law,  from  the  time  of  the  destruction  of  the  books  until 
the  determination  of  the  period  mentioned  in  Article  400,  shall  have 
their  proper  effects,  with  regard  to  the  interests  they  set  forth,  accord- 
ing to  the  present  laws,  from  the  date  the  new  entries  were  made. 

For  all  legal  purposes,  the  date  of  the  memorandum  at  the  foot  of 
the  instrument  stating  that  it  has  been  entered  or  recorded,  shall  be 
considered  the  date  of  the  new  entry.  If  the  instruments  have  been 
lost  and  the  date  of  said  note  or  of  the  records  referred  to  therein  can 
not  be  proven  by  any  other  documents,  the  provisions  of  this  Article 
shall  have  no  effect. 

Art.  409.  The  new  entries  treated  of  in  the  foregoing  Article  shall 
only  pay  a  fifth  of  the  usual  fees  mentioned  in  the  Schedule. 

Art.  410.  After  the  period  fixed  in  this  law  has  elapsed,  instruments 
which  have  once  been  recorded  or  entered  can  be  again  recorded,  but 
said  records  or  entries  shall  not  prejudice  nor  favor  third  persons, 
except  from  their  date,  and  the  usual  fees  mentioned  in  the  Schedule 
shall  be  charged  therefor.  Notwithstanding,  the  other  provisions  of 
this  law  are  applicable  to  said  instruments. 

Art.  411.  Articles  17,  20,  23,  and  34,  and  all  others  referring  to  the 
effects  of  not  recording  or  entering  any  interest,  shall  be  suspended, 
with  regard  to  estates  and  interests,  the  entries  of  which  have  disap- 
peared, from  the  date  of  the  destruction  or  loss  of  the  books  of  the 
Eegistry  until  the  expiration  of  the  period  allowed. 

The  period  mentioned  in  this  law  and  in  the  regulations  for  its  appli- 
cation for  the  conversion  of  cautionary  notices  into  definite  records, 
shall  also  be  suspended.  The  Eegister  shall  call  attention  to  this  fact 
and  to  the  present  Article  in  any  certificates  he  may  issue  regarding 
said  estates  or  rights.  At  the  termination  of  said  period,  Eegisters 
must  have  the  new  indices  made,  or  the  ones  existing  in  the  respective 
portion  of  the  destroyed  book,  must  be  corrected. 

Art.  412.  All  the  acts,  proceedings,  and  documents  which  the  per- 
sons interested  may  require,  to  make  use  of  the  privileges  allowed  in 
the  present  title,  shall  be  made  on  stamped  paper. 

FINAL  PROVISION. 

Art.  413.  All  previous  provisions  regarding  mortgages  are  hereby 
repealed.  Any  provisions  which  conflict  with  those  of  this  law  are 
also  hereby  repealed.  None  of  the  articles  composing  this  law  can  be 
repealed,  except  by  virtue  of  another  special  law,  and  the  appropriation 
law  can  never  be  considered  a  special  law  for  this  purpose. 

The  periods  mentioned  in  this  law  shall  be  computed  from  the  time 
it  is  put  into  operation. 


84 


ADDITIONAL   ARTICLES. 


1.  The  Articles  referring  to  the  Eoyal  Fees,  which  do  not  exist  at 
present  in  the  Philippines,  as  well  as  those  referring  to  taxes  not  yet 
extended  to  said  Archipelago,  shall  not  be  applied  to  them  until  oppor- 
tunity offers. 

By  "Municipal  District"  (termino  municipal)  shall  be  understood  in 
the  Philippines,  the  one  formed  by  the  towns  where  there  is  a  Captain 
or  Petty  Governor  (Gobernadorcillo);  by  "Municipal  Judge,"  the 
Justice  of  the  Peace  or  Captain  or  Petty  Governor  (Gobernadorcillo), 
in  cases  where  they  exercise  the  functions  of  the  latter;  by  "  Municipal 
Public  Prosecutor,"  where  none  exists,  the  Agricultural  Supervisor 
(Teniente  de  Sementeras). 

2.  In  Cuba  and  Puerto  Rico,  where  there  is  no  Municipal  Public 
Prosecutor,  this  official  shall  be  replaced  by  the  Syndic  of  the  respective 
Municipal  Council. 

3.  The  two  foregoing  provisions  shall  also  be  considered  extended 
to  all  provisions  of  a  general  character,  which  may  hereafter  be  enacted 
for  the  Colonies,  and  in  which  only  the  technical  phrases  used  in  this 
law  shall  be  employed. 

4.  The  subsidy  which  had  been  allowed  Registers  of  Property  in  the 
Philippines  by  Article  313  of  the  Mortgage  Law,  which  was  applied  to 
the  Philippines  by  Royal  Decree  of  May  10,  1889,  and  which  is  abro- 
gated by  the  present  one,  shall  continue  to  be  enjoyed  by  said  officials, 
in  the  same  manner  and  during  the  time  they  are  in  charge  of  the 
actual  Registries;  all  those  who  are  not  embraced  in  the  above-men- 
tioned case  the  day  this  law  is  put  into  operation,  shall  also  enjoy  the 
subsidy,  but  subject  to  any  change  or  suppression  which  the  Govern- 
ment may  decree  with  respect  to  said  right,  in  accordance  with  public 
policy  and  interests. 

5.  The  fees  which  notaries  may  charge  for  any  purpose  whatsoever, 
in  certifying  to  alienations,  liens,  or  partitions,  shall  be  the  following: 

For  the  alienation  or  encumbrance  of  any  estate,  the  value  of  which 
does  not  exceed  25  pesos,  25  cents ;  from  25  to  75  pesos,  40  cents ;  from 
75  to  150  pesos,  50  cents;  from  150  to  250  pesos,  02  cents. 

For  the  procedure  of  records  relating  to  the  partition  of  inheritances, 
when  the  amount  involved  does  not  exceed  1,000  pesos,  5  pesos;  from 
1,000  to  1,500,  7.50  pesos;  from  1,500  to  2,500,  10  pesos. 

The  stamped  paper  to  be  employed  in  the  records  of  proceedings 
relating  to  partitions,  as  well  as  in  the  copies  thereof,  shall  be  that 
bearing  the  seal  of  the  last  class. 

6.  The  fees  for  recording  sales  or  liens,  referred  to  in  Article  3  of  this 
law,  in  its  second  and  following  paragraphs,  to  be  charged  by  Registers, 
shall  be  the  following: 

For  recording  any  estate  or  lien,  the  value  of  which  does  not  exceed 
25  pesos,  25  cents ;  from  25  to  75  pesos,  40  cents ;  from  75  to  150  pesos, 
50  cents;  from  150  to  250  pesos,  02  cents. 


85 

The  fees  to  be  charged  by  Registers  for  recording  partitions,  referred 
to  in  the  saine  paragraphs  of  the  Article  mentioned,  shall  be  the  same  as 
those  for  short  records  specified  in  Article  7  of  the  Schedule  annexed 
to  this  law. 

For  recording  notices  referred  to  in  Article  390,  they  shall  charge 
fees  in  accordance  with  the  rates  established  in  the  first  paragraph  of 
this  Article. 

7.  Alienations  referred  to  in  the  second  and  following  paragraphs  of 
Article  3,  shall  pay  as  tax  for  transfer  of  ownership: 

For  estates  the  value  of  which  does  not  exceed  75  pesos,  50  cents 
per  100. 

From  75  to  250  pesos,  1  per  100. 

Liens  created  in  accordance  with  the  same  Article,  shall  pay  for 
estates  the  value  of  which  does  not  exceed  75  pesos,  12  cents  per  100. 

From  75  to  250  pesos,  25  cents  per  100. 

The  tax  for  transferring  ownership  of  partitions  or  inheritances, 
which  do  not  exceed  2,500  pesos,  is  reduced  to  50  per  cent  of  the  fees 
fixed  by  this  law. 

8.  In  order  that  the  statistical  service  referred  to  in  Article  310  of 
this  law,  and  of  the  others  of  the  Civil  Registry  and  Notarial  Instru- 
ments placed  in  charge  of  the  Registry  and  Notarial  Division,  maybe 
made  annually  without  difficulty,  and  for  the  purpose  of  defraying  the 
expenses  of  printing  and  other  necessary  expenditures,  the  annual  sum 
of  1,500  pesos  shall  be  allowed  in  the  estimates  made  for  the  Colonies. 
Said  expenses  shall  be  authorized  by  the  Chief  of  the  Registry  and 
Notarial  Division,  who  shall  open  a  special  item  for  them,  of  which  he 
shall  give  an  account,  with  the  vouchers,  to  the  Colonial  Secretary. 

9.  The  Presidents  of  the  Territorial  Audiencias  of  the  Colonies,  in 
accordance  with  the  data  which  they  may  demand  from  the  Judges, 
Delegates,  and  Registers  of  Property,  and  of  the  administrative  mort- 
gage matters  they  have  taken  part  in,  shall  forward  to  the  Colonial 
Department  at  the  end  of  each  year,  a  report  stating  the  deficiencies 
and  doubts  they  have  encountered  in  the  application  of  this  law.  They 
shall  stale  therein,  in  detail,  all  questions  and  points  of  law  discussed 
and  the  articles  or  omissions  of  the  law  which  gave  rise  to  the  ques- 
tions. The  Colonial  Secretary  shall  forward  these  reports  with  the 
report  made  thereon  by  the  Registry  and  Notarial  Division,  as  well  as 
the  statistics  of  the  Registries  of  property,  to  the  Committee  on  Codes 
for  the  Colonies.  In  view  of  this  data,  of  the  progress  made  in  other 
countries,  which  may  be  utilized  in  our  own,  and  of  the  administrative 
and  judicial  opinions  in  mortgage  matters,  the  Committee  on  Codes 
shall  formulate  and  transmit  to  the  Government  every  ten  years,  the 
reforms  which  (in  its  opinion)  should  be  introduced. 


86 

SCHEDULE  OF  THE  FEES  TO  BE  CHARGED  BY  REGISTERS  OF 
PROPERTY. 


EXAMINATIONS  OF  DEEDS,  ENTRIES  OF  PRESENTATION,  AND  COR- 
RESPONDING ENTRIES. 

Number  1. 

Pesos. 
For  the  examination,  entry  of  presentation,  marginal  note  and  note  at  the  foot 
of  any  instrument  referring  to  five  estates  or  less,  the  record,  entry,  or  marginal 
note  of  which  is  requested,  with  the  exception  of  cancellations;  by  instru- 
ment being  understood  the  document  or  documents  necessary  for  an  entry 
of  presentation 0.  75 

Number  2. 
If  it  refers  to  more  than  five  estates  the  following  scale  shall  be  observed: 

From  6  to  10 ; 1.00 

From  11  to  20 1.50 

From  21  to  30 2.00 

From  31  to  50 2.50 

Should  it  exceed  this  number,  for  the  first  50,  the  charges  shall  be  as  specified, 
and  for  the  balance,  5  centavos  for  each  one  valued  at  300  pesos  or  more  and 
2  centavos  for  each  one  of  a  lesser  value. 

Number  3. 

When  the  instrument  to  be  examined  by  the  Register  exceeds  50  folios,  he  shall 
charge  for  each  extra  folio 02 

Number  4. 

If  the  value  of  the  estates  or  rights  to  which  the  instrument  refers  does  not  reach 
300  pesos,  he  shall  charge  without  regard  to  the  number  of  folios  it  may  con- 
tain, or  the  number  of  estates  or  rights  to  which  it  refers 25 

CANCELLATIONS. 
Number  5. 

For  all  work,  without  regard  to  its  form,  which  should  be  made  at  the  instance  of  an 
interested  party,  for  the  cancellation  or  clearing  of  mortgages,  annuities  (censos), 
or  property  rights,  including  the  entry  of  presentation  and  marginal  notes,  the 
following  fees  shall  be  charged  for  each  estate : 

If  the  estate  or  right  is  valued  at  less  than  300  pesos $2.00 

From  300  to  1,000 2.50 

From  1,000  upward 3.75 

Should  the  cancellation  be  refused  or  suspended,  the  preceding  numbers  of  the 
Schedule  shall  be  applied. 

SPECIAL  NOTES,  RECORDS,  AND  ENTRIES. 
Number  6. 

"When,  in  consequence  of  the  presentation  no  record  or  entry  should  be  made  but 
marginal  notes  in  the  old  or  new  Registry  can  be  made,  the  charge  for  each  one  shall 
be  50  centavos. 

For  each  one  of  the  notes  embraced  in  Article  16  of  the  law,  the  same  amount  shall 
be  charged. 


87 


Number  7. 

For  each  record  or  entry  and  corresponding  marginal  notes,  not  embraced  in  the 
preceding  numbers,  the  fixed  amounts  established  by  the  following  rate  shall  be 
charged: 


Records  or 
entries 
in  lull. 


Records  or 

entries 
in  abstract. 


For  each  estate  or  right  which  does  not  reach  a  value  of  300  pesos 

300  to  600  pesos,  exclusive 

600  to  800 , 

800  to  1,000 

1,000  to  1,500 

1,500  to  2,000 

2,000  to  2,500 

2,500  to  3,000 

3,000  to  4,000 

4,000  to  5,000 

5,000  to  8,000 

8,000  to  10,000 

10,000  to  12,000 

12,000  to  14,000 

14,000  to  16,000 , 

16,000  to  18,000 

18.000  to  20,000 

20,000  to  25,000  pesos,  inclusive 

Above  25,000 


Pesos. 
3.00 
3.50 
4.00 
4.50 
5.00 
5.50 
6.00 
6.50 
7.50 
8.75 
10.00 
11.25 
12.50 
14.00 
15.50 
17.00 
18.50 
20.00 
25.00 


2.70 
3.15 
3.60 
4.05 
4.50 
4.95 
5.40 
5.85 
6.75 
7.85 
9.  00 
10.10 
11.25 
12.60 
13.95 
15.30 
16.65 
18.00 
22.50 


For  the  conversion  into  a  record  of  an  entry  made  on  account  of  an  error  which 
may  be  corrected,  and  for  the  suspension  of  entries  of  cautionary  notices,  half  the 
fees  mentioned  in  the  preceding  rates  shall  be  charged. 

COPIES  OF  ENTRIES,  CERTIFICATES,  AND   SEARCH  FOR  DATA. 

Number  8. 

For  copy  of  entries  in  the  Registry,  for  each  estate,  without  regard  to  its  value, 
50  centavos. 

Number  9. 

For  the  first  page  of  literal  certificates  $1  shall  be  charged,  irrespective  of  the 
value  of  the  estates  or  rights  referred  to. 

Number  10. 

For  the  subsequent  pages  of  certificates  half  the  fees  mentioned  in  the  preceding 
number  shall  be  charged. 

Number  11. 

For  each  entry  regarding  which  a  certificate  in  abstract  is  issued: 
If  it  refers  to  an  estate  of  right,  the  value  of  which  is  less  than  300  pesos,  75 
cents. 
If  the  value  thereof  is  300  pesos  or  more,  1  peso. 

Number  12. 

When  the  certificates  are  to  contain  a  reference  stating  that  no  entry  at  all  or  no 
entry  of  a  specified  class  exists,  regarding  the  estates  or  property  rights,  the  fees 
shall  be : 

For  the  reference  to  each  estate  or  right  valued  at  less  than  300  pesos,  35  centavos. 

Of  300  pesos  or  over,  50  centavos. 


88 

Number  13. 

For  the  search  in  the  old  or  new  Registry,  in  order  to  make  the  statement,  when 
the  folio  and  book  containing  the  record  of  the  estate  is  not  specified,  or  to  issue  the 
certificates  referred  to  in  the  preceding  numbers,  for  each  estate  and  for  each  year 
to  be  searched,  the  fees  designated  in  the  following  rate  shall  be  charged,  and  in  no 
case  shall  they  exceed  the  amount  fixed  therein: 


For  each  estate,  or  right,  the  value  of  which  is  less 

than  600  pesos 

600  to  1,000,  exclusive 

1,000  to  2,000 

2,000  to  3,000 

3,000  to  4,000 

4,000  to  5,000 

5,000  to  8,000 

8,000  to  10,000 

10,000  to  12,000 

12,000  to  14,000 

14,000  to  16,000 

16,000  to  18,000 

18,000  to  20,000 

20,000  to  25, 000,  inclusive 

25,000  and  upward 


For  each  year, 
if  the  search 

covers  only  a 
period  of  30 

years  or  less 


For  each  year 
exceeding  30 
years,  when  th 


and  if  it  covers  search  covers  31 


more  than  said 
period,  for  the 
first  30  years. 


Pesos. 
0.05 
.06 

.07 


years  or  more. 


Pesos. 
0.01 
.02 
.03 
.04 
.05 
.06 
.08 
.09 
.10 
.12 
.13 
.15 
.16 
.18 
.23 


Highest  fee 

which  can  be 

charged  for 

each  estate, 

without  regard 

to  the  number 

of  years 

searched. 


3.00 

4.00 
5.00 
6.00 
7.50 
8.75 
10.00 
11.25 
12.50 
14.00 
15.50 
17.00 
18.50 
20.00 
25.00 


Number  14. 

For  the  search,  with  regard  to  persons,  for  each  person  and  year,  irrespective  of 
the  number  of  estates  or  rights  found,  in  the  old  as  well  as  in  the  new  Registry,  the 
charge  shall  be  10  cents. 

GENERAL  RULES. 


1.  For  the  purpose  of  grading  the  fees,  the  value  of  an  estate  encum- 
bered by  a  mortgage,  is  the  price  for  which  it  was  transferred,  besides 
the  value  represented  by  the  mortgages  if  they  are  in  force. 

2.  The  value  of  annuities  (censos)  and  other  liens  of  a  perpetual,  tem- 
porary, or  redeemable  character  shall  not  be  added  to  the  price  of  the 
transfer. 

3.  When  the  transfer  is  made  with  a  money  consideration,  the  value 
of  the  estate  shall  be  understood  diminished  to  the  extent  of  the  amount 
of  any  liens  there  may  be  thereon. 

4.  With  regard  to  the  rights  of  use,  and  use  and  occupancy,  their 
value  shall  be  considered  as  the  fourth  part  of  the  estate,  and  with 
regard  to  the  mere  ownership,  three-quarters  thereof. 


89  •     ;  \ 

5.  For  the  charges  of  lees  for  leases,  tftfe  ■uro\  i.t  {m  l»  psa$  during 
the  entire  period  of  the  duration  of  the  contract  shall  be  taken  as  a 
basis.  Should  the  period  of  duration  of  the  contract  not  be  determined, 
the  basis  shall  be  the  amount  for  twelve  years. 

6.  The  fees  to  be  charged  for  the  registration  or  entry  and  marginal 
notes  of  servitude  shall  be  5  per  cent  of  the  value  of  the  dominant  estate. 

7.  With  the  object  of  enabling  the  Register  to  grade  his  fees  in 
accordance  with  the  provisions  of  this  Schedule,  he  must  take  into 
account  the  contents  of  the  instrument  itself,  not  taking  into  consider- 
ation the  value  of  encumbrances  which  are  canceled  in  the  Registry, 
should  they  be  mentioned  in  the  instrument.  If  the  value  of  each 
estate  or  interest  does  not  appear  in  the  instrument,  the  person  pre- 
senting it  shall  be  required  to  state  said  value  in  a  note  on  common 
paper,  which  shall  be  filed  in  the  office.  Should  he  not  make  this  state- 
ment, the  Register  shall  have  a  right  to  charge  the  highest  fee  of  the 
proper  scale  or  such  fee  as  he  may  deem  advisable. 

8.  When,  for  the  purpose  of  ascertaining  the  value  of  some  estate  or 
property  right  which  is  transferred,  it  should  be  necessary  to  compute 
some  lien  thereon,  affecting  at  the  same  time  other  property,  the  respon- 
sibility of  each  one  of  them  not  being  determined,  a  memorandum  on 
common  paper  shall  be  made  in  which  all  the  estates  subject  to  the  lien 
shall  be  detailed,  and  the  value  of  each  one,  so  that  the  Register  may 
make  the  proper  calculation,  computing  the  lien,  with  regard  to  the 
estate  or  interest  which  it  is  desired  to  enter,  and  the  amount  which, 
according  to  the  value  of  the  latter,  it  bears  pro  rata  with  the  other 
encumbered  estates.  Should  this  statement  not  be  presented,  the 
Register  need  not  take  into  consideration  the  encumbrance  in  question. 

9.  Registers  of  property  must  not  charge  any  sum  by  way  of  fees 
without  giving  the  person  paying  them  a  detailed  receipt,  who  must 
sign  his  agreement  therewith  in  the  proper  stub,  which  is  to  be  kept  in 
the  office.  Should  he  not  be  able  to  sign,  a  witness  shall  do  so  at  his 
request. 

PROVISIONAL   ARTICLES. 

1.  The  period  fixed  in  Articles  301,  403,  and  corresponding  ones  of 
the  mortgage  law,  applied  to  Cuba  by  royal  decree  of  May  6,  1879, 
which  is  repealed  by  the  present  law,  extended  indefinitely  by  royal 
decree  of  May  0,  1882,  is  hereby  declared  as  definitely  closed  after  one 
year  from  the  enactment  of  this  law,  the  persons  interested  to  whom 
i.hese  provisions  refer,  being  able  to  enjoy  the  advantages  allowed  them 
therein  within  this  period. 

2.  Registries  in  the  Colonies,  being  reduced  by  this  law  to  three 
classes,  those  of  the  fourth  class,  which  are  in  existence  in  Cuba,  shall 
hereafter  be  considered  as  of  the  third  class,  which  shall  be  the  status 
of  their  present  employees  from  this  date. 

19539 7 


90 

3.  Ths  i^yi.stry  bad  Notarial  Division,  established  by  Article  2G5  of 
this  law,  takes  the  places  of  the  Office  of  Civil  Registers  aiid  Property 
and  of  Notaries  which  had  been  in  existence,  the  present  employees  of 
which  shall  preserve  all  their  rights  in  the  Division,  being  subject  to 
the  other  provisions  referring  to  them  which  this  law  contains. 

4.  Notwithstanding  the  provisions  contained  in  Article  1  of  this  law, 
regarding  the  creation,  suppression,  or  alteration  of  the  jurisdiction  of 
Registries,  matters  which  are  pending  shall  be  continued  until  their 
decision  in  accordance  with  the  mortgage  law  previously  in  force  in  the 
respective  Islands. 

Madrid,  July  14, 1893. 

The  Minister  for  the  Colonies: 

Antonio  Mauea  y  Montaner. 


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